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DSAC-LDR Agenda 01/20/2026Collier County Growth Management Community Development Development Services Advisory Committee Land Development Review Subcommittee Tuesday, January 20, 2026 3:00 pm 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Community Development Department Conference Room 609/610 Please contact Eric Johnson at (239) 252-2931 or Eric.Johnson@collier.gov if you have any questions or wish to meet with staff. Collier County GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DSAC — Land Development Review Subcommittee 2026 Land Development Code Amendments Agenda Tuesday, January 20, 2026 3:00 pm 2800 N. Horseshoe Dr., Naples, FL 34104 Growth Management Community Development, Conference Rooms 609/610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Registration Form", list the topic they wish to address, and hand it to the Staff member before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. 1. Call to Order —Chairman 2. Approval of Agenda 3. Old Business a. PL20250004659 — Home -Based Businesses — LDCA 4. New Business a. PL20250014625 — Comparable Use in Industrial District — LDCA 5. Public Speakers 6. Reminders of Upcoming DSAC-LDR Subcommittee Meeting Dates Discussion: a. Tuesday, April 21, 2026 b. Tuesday, July 21, 2026 c. Tuesday, October 20, 2026 7. Adjourn For more information, please contact Eric Johnson at (239) 252-2931 or at Eric.Johnson@collier.gov ..,)Collier County LAND DEVELOPMENT CODE AMENDMENT PETITION SUMMARY OF AMENDMENT PL20250004659 This Land Development Code (LDC) amendment proposes to update LDC ORIGIN section 5.02.00 Home Occupations to ensure consistency between the Growth Management County's regulations and the changes that were recently made to the Florida Community Development Statutes relative to home -based businesses. LDC amendments are reviewed Department (GMCD) by the Board of County Commissioners (Board), Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). HEARING DATES LDC SECTION TO BE AMENDED Board TBD 5.02.00 HOME OCCUPATIONS CCPC TBD 5.02.01 Applicability DSAC TBD 5.02.02 Allowable Home Occupation Uses DSAC-LDR 01/20/2026 5.02.03 Standards 05/20/2025 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC TBD TBD CCPC TBD BACKGROUND The County's original provisions for home occupational uses were introduced into the LDC, pursuant to Ordinance 1980-04. The adoption of Ordinance 1995-31 established the current travelling prohibition to and from the residence, by customers, employees, and clients of the business operating as a home occupation. These standards have remained relatively unchanged, except for several minor amendments and the most recent occurring in 2005 which prohibited the meeting or parking at the residence. On July 1, 2021, F.S. 559.955 Home -Based Businesses, became an effective law that allow small business entrepreneurs to use residential property in ways that are consistent with residential land use (see Exhibit A). The law sets forth criteria that home -based businesses must meet to operate in areas zoned for residential use. It stipulates that "the local government may not enact or enforce any ordinance, regulation, or policy, or take any action to license or otherwise regulate a home -based business in a manner that is different from other businesses in a local government's jurisdiction." It is noteworthy, by F.S. 559.955 (4), that "Any adversely affected current or prospective home -based business owner may challenge any local government action in violation of this section. The prevailing party in a challenge may recover reasonable attorney fees and costs incurred in challenging or defending the action, including reasonable appellate attorney fees and costs." On September 9, 2025, the Collier County Board of County Commissioners voted to pass Ordinance 2025-36, codifying F.S. 559.955 into the Collier County Code of Ordinances to allow Code Enforcement of home -based businesses consistent with the terms of the statute. As such, the purpose and intent of this LDC amendment is to update LDC section 5.02.00 to comply with current State law and allign with our Code of Ordinances. FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY No fiscal impacts are anticipated. Th proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) F.S. 559.955; B) Ord. 2025-36 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2026\01-20\Materials\PL20250004659 Home Based Business - LDCA (12-8-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Amend the LDC as follows: 5.02.00 — HOME -BASED BUSINESSES OCCUPATIONS 5.02.01 —Applicability Home -based businesses shall be allowed inside any dwelling within any zoning district that permits residential dwellings as a permitted use. vc1 inations shall he allowed in an., �nninn district Whinh permits residential dwellings as a permitted use. A business is considered a home: based business if it operates, in whole or in part, from a residential property and meets the provisions of LDC section 5.02.00. 5.02.02 - Allowable Home -Based Business OGGUpafion Uses Unless otherwise expressly permitted by applicable statutes or residential zoning regulations, including but not limited to mixed -use developments and Planned Unit Developments, only commercial activity meeting the definition of home -based businesses, as defined by Section 559.955, Florida Statutes, is permitted on property zoned for residential use. There shall be no retail sale of materials goods or pred into from the premises.transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. 5.02.03 - Standards The home -based business ecGupation shall be ^Iearl„ incidental secondary to the use of the property dwelling for residential dwelling purposes. The eXiStenne of the home nnni ipatinn shall not nhanne the nharanter of the dwelling. In addition, all home -based businesses on property zoned for residential Durposes must operate subiect to the followina Drovisions. conditions. and restrictions: A. An allowable home -based business eoEupatien shall be conducted by an occupant of the dwelling. The employees who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwellina may work at the business. The business may have additional remote employees that do not work at the residential dwelling_ €Q. nnmplianne with the requirements for nnmmernialyehinles in the cede. Parking related to the business activities of the home -based business must comply with the zoning reauirements aDDlicable to other residential properties with the same zonina district. and K G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2026\01-20\Materials\PL20250004659 Home Based Business - LDCA (12-8-2025).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 the need for parking generated by the business shall not be -greater in volume than would normally be expected at a similar residence where no business is conducted. Home - based businesses must comply with any regulations pertaining to the operation or parking of vehicles or trailers at the business or on a street right-of-way as such regulations would apply to a residence where no business is conducted. Vehicles and trailers used in connection with the home -based business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. FC. The business activities shall comply with any relevant local or State regulations with respect to signage and equipment or processes that create The an site use of any eq uipment + oor materialsacrll w�Erea+teo UGe eXGessi.,e noise, vibrations, heat, `n'oxious odor, ebRGXiGU6 fumes, dust, Ig are, or smoke, as such regulations apply to other residencies where no business is conducted. D. No heavy equipment, defined herein as commercial, industrial, or agricultural vehicles, equipment, or machinery, may be parked or stored such that such equipment is visible from the street or neighboring property. E. As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home -based business must conform to the residential character and architectural aesthetics of the neiahborhood. i4F. All business activities shall comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids as such regulations would apply to a residence where no business is conducted. No on site use or storage of any hazardous rnater'al shall be kept in SUGh an arneunt as to be potentially dangerous te persons or property outside the Genfines of the home onni ino+inn JG. Nothing herein may be deemed to excuse or exempt the owner or operator of a home - based business from paving any taxes, including business tax receipts, that may be due an owing in connection with the operation or establishment of any such businesses or complying with any federal or state occupational or licensure requirements. ether business +over # # # # # # # # # # 3 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2026\01-20\Materials\PL20250004659 Home Based Business - LDCA (12-8-2025).docx 10/15/25, 10:08 AM Statutes & Constitution :View Statutes : Online Sunshine The 2025 Florida Statutes Select Year: 2025 v Go Title XXXIII Chapter 559 View Entire REGULATION OF TRADE, COMMERCE, REGULATION OF TRADE, COMMERCE, Chapter INVESTMENTS, AND SOLICITATIONS AND INVESTMENTS, GENERALLY 559.955 Home -based businesses; local government restrictions.— (1) Local governments may not enact or enforce any ordinance, regulation, or policy or take any action to license or otherwise regulate a home -based business in violation of this section. (2) A home -based business that operates from a residential property as provided in subsection (3): (a) May operate in an area zoned for residential use. (b) May not be prohibited, restricted, regulated, or licensed in a manner that is different from other businesses in a local government's jurisdiction, except as otherwise provided in this section. (c) Is only subject to applicable business taxes under chapter 205 in the county and municipality in which the home -based business is located. (3) For purposes of this section, a business is considered a home -based business if it operates, in whole or in part, from a residential property and meets the following criteria: (a) The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. (b) Parking related to the business activities of the home -based business complies with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right- of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery. (c) As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home - based business must conform to the residential character and architectural aesthetics of the neighborhood. The home -based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. (d) The activities of the home -based business are secondary to the property's use as a residential dwelling. (e) The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. Any local regulations on a business with respect to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent than those that apply to a residence where no business is conducted. (f) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Any local https://www.Ieg.state.fl. us/statutes/index.cfm?App_mode=Display_Statute&U RL=0500-0599/0559/Sections/0559.955. htm 1 1 /2 10/15/25, 10:08 AM Statutes & Constitution :View Statutes : Online Sunshine regulations on a business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted. (4) Any adversely affected current or prospective home -based business owner may challenge any local government action in violation of this section. The prevailing party in a challenge may recover reasonable attorney fees and costs incurred in challenging or defending the action, including reasonable appellate attorney fees and costs. (5) The application of this section does not supersede: (a) Any current or future declaration or declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or declaration of covenant adopted pursuant to chapter 720. (b) Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in s. 509.013(4)(a)1., that are not otherwise preempted under chapter 509. History.—s. 1, ch. 2021-202. Copyright © 1995-2025 The Florida Legislature • Privacy Statement • Contact Us https://www.Ieg. state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0559/Sections/0559.955.htm1 2/2 ORDINANCE NO.2025 36 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO HOME -BASED BUSINESSES; PROVIDING FOR HOME -BASED BUSINESS REGULATIONS CONSISTENT WITH GENERAL LAW; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted Chapter 2021-202, Laws of Florida, codified as §559.955, Florida Statutes, with an effective date of July 1, 2021; and WHEREAS, §559.955, Florida Statutes prohibits local governments from regulating home -based businesses in any manner inconsistent with the terms of such statute; and WHEREAS, Collier County desires to regulate home -based businesses in a manner authorized by §559.955, Florida Statutes, including permissible regulations on employees, parking, heavy machinery, use of the premises, and external appearance; and WHEREAS, the incorporation of the provisions of §559.955, Florida Statutes, into the Code of Ordinances of Collier County provides for local code enforcement for violations of the home -based businesses statute; and WHEREAS, the Board of County Commissioners ("Board") now desires to incorporate the provisions §559.955, Florida Statutes into the Collier County Code of Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: TITLE. This Ordinance shall be known and may be cited as the "Collier County Home Based Businesses Ordinance." SECTION TWO: CREATION OF ARTICLE 12, SECTION 26- HOME -BASED BUSINESSES. Article 12, Section 26-461, Home -Based Businesses, is hereby created and added to Chapter 26 of the Collier County Code of Ordinances and shall state the following: [25-MCD-00010/1955489/11 Article 12, Section 26-461 Home -based businesses (1) It is the purpose of this section to provide for the orderly conduct of a limited commercial activity on property otherwise zoned for residential purposes. (2) Unless otherwise expressly permitted by applicable statutes or residential zoning regulations, including but not limited to mixed -use developments and planned unit developments, only commercial activity meeting the definition of home -based businesses, as defined in §559.955, Florida Statutes, is permitted on property zoned for residential use. (3) Home Occupations/home-based business shall be allowed inside any dwelling within any zoning district that permits residential dwellings as a permitted use. (4) All home -based businesses located on property zoned for residential purposes must operate subject to the following provisions, conditions, and restrictions: a. The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. b. Parking related to the business activities of the home -based business must comply with zoning requirements applicable to other residential properties with the same zoning classification, and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Home -based businesses must comply with any regulations pertaining to the operation or parking of vehicles or trailers at the business or on a street right-of-way as such regulations would apply to a residence where no business is conducted. Vehicles and trailers used in connection with the home -based business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. c. No heavy equipment, defined herein as commercial, industrial, or agricultural vehicles, equipment, or machinery, may be parked or stored such that such equipment is visible from the street or neighboring property. d. As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home -based business must conform to the residential character and architectural aesthetics of the neighborhood. e. The home -based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. f. The activities of the home -based business are secondary to the property's use as [25-MCD-00010/1955489/1 ] a residential dwelling. g. The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odor as such regulations apply to other residences where no business is conducted. h. All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids as such regulations would apply to a residence where no business is conducted. (5) Nothing herein may be deemed to excuse or exempt the owner or operator of a home -based business from paying any taxes, including business tax receipts, that may be due an owing in connection with the operation or establishment of any such business or complying with any federal or state occupational or licensure requirements. (6) Exemption. Anyone who can demonstrate to the County Staff s satisfaction that they utilized their property as a home -based business, not consistent with this Ordinance, for a period of five years, from the date of adoption of this Ordinance, shall be exempted from the provisions of this Ordinance. Staff may require any reasonable documentation and proof of this use. SECTION THREE: VIOLATIONS AND ENFORCEMENT. All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Chapter 162, pts. I or II, Florida Statutes, as may be applicable. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re - lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any general law pertaining to home -based businesses, general law will govern and control the interpretation and application of this Ordinance. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: EFFECTIVE DATE. [25-MCD-00010/1955489/1 ] This Ordinance shall take effect immediately upon receipt of the official acknowledgment from the office of the Secretary of State of Florida that this Ordinance has been filed with that office. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of 5endfe riket 2025. IF �+r�� ATTEST VP CRYSTAJK. KINZF,L, CLERK By: uty Clerk' Atiest as to Chairman's t signatpre only Appro Jeffrey A: legality: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: urt L. Saunders, Chairman This ordinance filed with thce Secretary of tot 's ffice the � day of and acknowledgement gf fliat filin r cei ed this M.L. day of �o�a,,�sy GF�rk 125-MCD-00010/1955489/1 ] F. T FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor September 10, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-36, which was filed in this office on September 10, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building . 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Eric Johnson From: Audrey Mares <dutmarab@comcast.net> Sent: Tuesday, April 29, 2025 9:42 PM To: Eric Johnson Cc: Neighbor - Tim & vicki maloney Subject: Collier County 5.02.00 --- Amendment PL20250004659 vs PL20220006029 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Johnson Good Morning The County Attorney already approved the Land Development Code Amendment, PL20220006029 proposed language in 2022. 5.02.02 - Applicability 2022--------- Home occupations/ home -based business shall be allowed inside any dwellin_g within any zoning district that permits residential dwellings as a permitted use" There would be no reason to modify the Applicability verbiage since the Florida Statute (559.955) has not changed or modified since passing into law in 2021. 2025------ "Home occupations/ home -based businesses shall be allowed at any residential dwelling" This is a sea shift change in the 2025 vs 2022 language. The interpretation in the new language would mean a business doesn't need to work inside the dwelling but use the dwelling as an operating hub such as a commercial landscape company. Reading some other Florida Counties Home -Base Business Statute it is clear working inside the house and some even apply a business square footage requirement. One that I have been talking to is South West Ranches. Working inside the house is settled law. I would say if Collier County wanted a Commercial Landscape Company operating under the Florida State Statute -Home -Base Business it will more than likely happen. We have a Commercial Landscape Company that worked for over a year under the Collier County Home Occupation License. A violation but no enforcement. He has dropped the Home Occupation and now is operating under the LDC with 5 combination commercial trucks & trailers allowed based on square footage of the house. Nice thing to wake up to at 5:30am Reading Collier County 2022 proposal vs the 2025 proposal is in my mind a "bait and switch" allowing larger commercial operations within a residential neighborhood. My comments were not referring to the State Statute as it hasn't changed. In our mind we under the impression the 2022 proposal was going to get pulled out of the drawer dusted off and resubmitted. Thanks William Mares On Apr 29, 2025, at 9:58 AM, Eric Johnson <Eric.Johnson@colliercountyfl.gov> wrote: Good morning, Mr. Mares. Thank you for your email. It was my understanding that I used the most recent version of the previous amendment. I can assure you there is no "bait and switch" going on here. I copied/pasted a portion of the Florida Statutes. Our County Attorney's Office will determine if the proposed provisions are consistent with Florida Statutes: The way the process works, once staff determines the provisions are in good working order, the LDC amendment will be scheduled for public hearing. We have email distribution lists that we maintain, which notifies interested parties of upcoming public hearings. If you'd like, I can put you on an email distribution list to notify you by email when the LDC amendment will be heard at a public hearing. I strongly encourage you to attend the meeting and offer your comments. Keep in mind that relevant emails (e.g., offering opinions, objections, endorsements, etc.) from the public that are associated with this topic will be included in the packet that is provided to the Board of County Commissioners. Thanks! Eric Johnson AICP, CFM, LEED Green Associate Manager - Planning Zoning Office:239-252-2931 Eric.Johnson(a)colliercountyfl.pov From: Audrey Mares <dutmarab@comcast.net> Sent: Monday, April 28, 2025 10:06 PM To: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Cc: Neighbor - Tim & vicki maloney <bessieblues@gmail.com> Subject: Re: Florida Statute--Home-Based Business --Underway EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Johnson Good Morning I see the 2025 Collier County proposed Home -Based Business doesn't match the 2022 proposal. 5.02.02 - Applicability 2025------ "Home occupations/ home -based businesses shall be allowed at any residential dwelling" 2022--------- Home occupations/ home -based business shall be allowed inside any dwelling within any zoning district that permits residential dwellings as a permitted use" Who changed the language to be against us home owners that have to live or put up with this everyday in a once quiet neighborhood. A business working inside a house one can put up with not a commercial landscaper combination truck & trailers coming and going 5:30am to 8:00pm M-Sat. It's ok if one resides in a gated community or HOA The new language goes against the intent of the Florida State Statute (559.955). The intent was to work in the house & live in the house when reading the notes from the Florida Law Makers. Residing in the house and operating a commercial landscape company from the house was not the purpose of the Home Based Business. The house just becomes a facade to fall under the Home -Based Business. Anyway this seems like a bait and switch to the first proposal and now falls outside what the other counties already have in place. Thanks William Mares Mr. Johnson Good morning Did call GMCD and they said Zoning's request for Florida Statute —Home -Base Business does go to them. The GMCD fills out the form(s) and it is sent to the various departments for comment. This particular one was sent to legal. 3 1.----The part that says "was this submitted before" is for "only" this submittal not any in the past that have a different submittal number. I mentioned to him that is sort of deceiving as there was a previous submittal for the exact same request giving a person like Byron Donalds the impression this is a first time submittal. 2.— The Rev# 1 is when the first submittal is sent out. I also mentioned an Engineer, Contractor or a common layman this would mean it has already made one submittal already. Rev # 1 on a drawing is the second time it has been submitted. This would pertain to any drawing in the US. We don't agree with how it is done because it goes against common sense but it's GMCD strange rules we must follow. Thanks William Mares On Apr 21, 2025, at 9:14 AM, Eric Johnson <Eric.Johnson@colliercountvfl.gov> wrote: Mr. Mares, That form did not come from the Zoning office. It came from GMCD Client Services. Eric Johnson AICP, CFM, LEED Green Associate Manager - Planning Zoning Office: 239-252-2931 Eric.Johnson(a)-colliercountyfl.gov From: Audrey Mares <dutmarab@comcast.net> Sent: Friday, April 18, 2025 9:26 PM To: Eric Johnson <Eric.Johnson@colliercountvfl.gov> Cc: Neighbor - Tim & vicki maloney <bessieblues@gmail.com> Subject: Florida Statute--Home-Based Business --Underway EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Johnson Good Morning Thanks for the update Now the Florida Statute —Home -Based Business is now being resurrected from Nov 2022. That is Good. Hopefully it doesn't get withdrawn by upper management? On the first page of the application titled "FOR CAO USE ONLY" which I have attached a copy at bottom of page. There is one question where it says "REQUEST FOR LEGAL SERVICES." My question is: (1) Item Previously Submitted —NO -------- —This was previously submitted under PL20220006029 dated Sept 14, 2022. Do you want the impression this is the first time for submittal? Maybe a revision but not a new submittal? (2) What does Rev # 1 mean. This is the same as on the original submittal. Thanks William Mares Mr. Mares, Please be advised that staff will be reviewing the LDC amendment to ensure compliance with current Florida Statutes. Please see the status of the amendment in the attached. As I mentioned earlier, Mr. Bosi anticipates having a discussion with the Board of County Commissioners at their next public hearing on April 22. We want to get their direction for any particulars, so as to effectively and efficiently carry out their will in a public setting. Thank you. Eric Johnson AICP, CFM, LEED Green Associate Manager - Planning Zoning Office:239-252-2931 Eric.Johnson(a)-colliercountyfl.gov From: Audrey Mares <dutmarab@comcast.net> Sent: Wednesday, April 16, 2025 9:24 PM To: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Cc: Neighbor - Tim & vicki maloney <bessieblues@email.com> Subject: Florida Statute--Home-Based Business EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Johnson Thanks for your response The Florida Statute —Home -Based Business is a state law passed in 2021 and presides over all 67 counties. So Collier County's Home Occupation Ordinance is a moot point. I would think the direction from the County Commissioners is pretty simple —follow the state law which has not happened since 2021. You and your team had the Florida Statute headed towards the finish line but it was withdrawn. Thanks William Mares PE On Apr 16, 2025, at 4:50 PM, Eric Johnson <Eric.Johnson@colliercountvfl.gov> wrote: Good afternoon, Mr. Mares. Thank you for your email. I wanted to let you know that the Zoning Director, Mr. Mike Bosi, anticipates having a discussion with the Commissioners at their public hearing on April 22, 2025. Mr. Bosi hopes to receive direction from the Commissioners as to how they want staff to proceed. Eric Johnson AICP, CFM, LEED Green Associate Manager - Planning Zoning Office:239-252-2931 Eric. Johnson (a)-colIiercountyfl.gov From: Audrey Mares <dutmarab@comcast.net> Sent: Tuesday, April 15, 2025 10:19 PM To: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Cc: Neighbor - Tim & vicki maloney <bessieblues@Bmail.com> Subject: Florida Statute--Home-Based Business EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Johnson Good Morning My name is William Mares. Tim Maloney and I have been working with the Code & Zoning Department to understand why the Florida State Statute —Home -Based Business (559.955) is not a part of our ordinances. We have a Commercial Landscape Company move into our street next to 951 and Pine Ridge in Dec 2023. We are finding out the fellow signed the Collier County Home Occupation Document with its stipulations which is not enforced by the Code rA Department. The company operates a minimum of 5 combination trucks and trailers from the residence. He doesn't work at the house but from the house. Our research shows the Florida Statute was passed into law in mid July 2021. In mid 2022 Collier County started the review process to embed the State Statute into the Collier County Statute. When reading the review notes we see Mr. Zachary Karto was the point person. Then in the middle of the review process the Statute was withdrawn. Stating Upper Management made the request. As we understand Mr Karto reported to you during that time? Do you have any idea who pulled the Proposed Statute as it looked like it was making good progress? No one seems to know. Some were not aware of the review process. Now Collier County has no Home - Based Business Statute embedded into their Code. Tim & I have met with Amy Patterson, Jamie French and others trying to get it back on track so it can be codified into Collier County Ordinances. Thanks William Mares Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Florida Statutes Search Statutes Search Tips Floriria Constitution Laws of Flori-da Interpreter Services for the Deaf and Hard of Hearing Aro + Title XXXIII Chapter REGULATION OF TRADE, COMMERCE, REGULATION C INVESTMENTS, AND SOLICITATIONS COMMERCE, AND I GENERA 559.955 Home -based businesses, local government restricti (1) Local governments may not enact or enforce any ordinance, any action to license or otherwise regulate a home -based business it (2) A home -based business that operates from a residential prop (3): (a) May operate in an area zoned for residential use. (b) May not be prohibited, restricted, regulated, or licensed in a other businesses in a local government's jurisdiction; except as othe (c) Is only subject to applicable business takes under chapter 20 municipality in which the home -based business is located. (3) For purposes of this section, a business is considered a home Tn whole or in part, from a residential property and meets the follov (a) The employees of the business who work at the residential d, residential dwelling, except that up to a total of two employees or i not reside at the residential dwelling may work at the business. The remote employees that do not work at the residential dwelling. (b) Parking related to the business activities of the home -based zoning requirements and the need for parking generated by the busi volume than would normally be expected at a similar residence whe Local governments may regulate the use of vehicles or trailers oper{ or on a street right-of-way, provided that such regulations are not m residence where no business is conducted. Vehicles and trailers uses business must be parked in legal parking spaces that are not located over a sidewalk, or on any unimproved surfaces at the residence. Lo the parking or storage of heavy equipment at the business which is r neighboring property. For purposes of this paragraph, the term "hea commercial, industrial, or agricultural vehicles, equipment, or ma& (c) As viewed from the street, the use of the residential propert the residential areas that surround the property. External modificati dwelling to accommodate a home -based business must conform to tl 0MMGnMS0Co11ierCounty0Mn 10 4 Collier Countyo@oilier County @ 11 DAFT z 022 Amend the LDC as follows: 1 .0 .00 — Home Occupations/Home-Based Business 3 4 5.02.01 — Purpose and Intent The intent of this section is to provide minimum 7 based businesses to ensure compatibility with the SL residential neighborhood, while maintaining consistent Home occupations/ home -based businesses shall no 10 licensed in a manner that is different from other busine; 11 section. A business is considered a home occupation 12 whole or in part, from a presidential property. 13 14 .02.02 — Applicability 1 1 Home occur)ationsl home -based business shall 1 zoning district that permits residential dwellings as a p 1 19 5.02.03— Standards 2 21 The bonne occupation/ home -based business sh, 22 dwelling. A home occupationt home -based business sh 23 24 A. The employees of the business who work at the n 25 residential d ellinci. except that ur) to a total of tin 26 who do not reside at the residential dwelling maV v 27 occupation/ home -based business may occur p 28 based at the residential dwelling, the total numbE 29 do not reside at the residential dwelling, shall b( 30 additional remote employees that do not work at t 31 12 Collier CountyM 0 13 Eric Johnson From: Sent: To: Subject: Attachments: Mike and Eric, Please see below. HtWi AsktoK_C%o♦eo Heidi Ashton Wednesday, June 11, 2025 2:47 PM Michael gosi; Eric Johnson FW: 3861 11th ave Sw 12-2--2024.MOV Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8,:;,73 From: Timothy Maloney <bessieblues@gmail.com> Sent: Wednesday, June 11, 2025 1:08 PM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>; Audrey Mares <dutmarab@comcast.net> Subject: 3861 11th ave Sw EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Heidi, good afternoon! Has anyone thought of the possibility of this conga line of truck / trailer combos coming out of a Large metal garage constructed in the rear of a Golden Gate Estates? Unlimited commercial vehicles as long as they're in a garage will be a HUGE problem. The cost to construct a metal garage is "chump change" to these commercial businesses, considering the $$ they are saving by staying out of Industrial zoned property. The proposed commercial vehicles amendment as written today will do nothing to curb these illegal commercial activities in residential neighborhoods, Attached is a video of whatwe experience on a daily basis. Regards Tim Maloney Sent from my iPhone _.,...-.."' Linder Florida Law, e-mail addresses are public records. -""'-""' you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing, Eric Johnson From: Audrey <dutmarab@comcast.net> Sent: Wednesday, June 4, 2025 6:52 AM To: Eric Johnson Cc: Neighbor - Tim & vicki maloney Subject: Re: Next Public Meeting DSAC-LDR, LDC Amendments -Comments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Johnson Good Morning Thanks for your response. Tim and I approve of the marked -up proposal of 130.0 adding E-Estates. We do have comments so give us a day or so to reply. We have watched our Commercial Landscaper neighbor over the last 1.5 years moving from one Code to another Code allowing him continued operation. There are loopholes that are found & capitalized on by these pros. So closing these are top priority. Thanks William Mares From: Eric Johnson <Eric.Johnson@colliercountyfl.gov> Date: June 3, 2025 at 1:38:45 PM EDT To: Audrey Mares <dutmarab@comcast.net> Cc: Neighbor - Tim & vicki maloney <bessieblues@gmail.com> Subject: RE: Next Public Meeting DSAC-LDR, LDC Amendments -Comments Mr. Mares, Thank you for your email. When reviewing the Home -Based Businesses LDC amendment, the DSAC-LDR Subcommittee requested that they review any changes that staff is proposing to Chapter 130 of the Code of Laws and Ordinances. The Subcommittee wanted to review both amendments in tandem and staff will certainly oblige their request. As I mentioned in my previous email, I sent the proposed changes to the Code of Laws and Ordinances to the County Attorney's Office but was informed by the reviewing attorney that the proposed changes were problematic. Enclosed are changes to Chapter 130 that I sent to the CAO which were found to be problematic. I don't know the details as to why the amendment was problematic —we will be meeting this Friday to discuss, and changes are likely forthcoming. In a later email to the CAO, I sent them recent examples of Home -Based Business ordinances from other counties throughout the State of Florida. EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Johnson Thanks for your response. Upon reviewing the PL202S0004659 (Home -Based Business) public portal. We don't see the new marked up Commercial Vehicle Parking. Or possibly will this be a new PL2025000???? case? Has the original 130-97 been marked up that could be shared so we can provide input prior to the next meeting? Not like most people we do have a vested interest as we are experiencing this every day. We were told by Mr. Bosi the proposal would limit parking to two (2) Commercial Vehicles while Mr. McDaniels said one (1) during the Commissioner's meeting as the E- Estates is getting out of hand with unlimited Parking of Commercial Vehicles situated between two non -business residences. Don't understand why both were not presented at the May 20th meeting as this creates more delays. Even though the Golden Gate Master Plan, 2019, trumps the parking by addressing Commercial Activity not just parking. No enforcement by Code for the last several years. There are many examples that Tim & 1 reviewed from other county's Home -Based Business including South West Ranches, Miami -Dade, Clearwater, Hardee that address Commercial Parking and how it is tied back to Home -Base Business. Thanks William Mares Tim Maloney On Jun 2, 2025, at 9:29 AM, Eric Johnson <Eric.Johnson colliercount fl, ova wrote: Good morning, Mr. Mares. You are correct —neither arnendinent is scheduled for DSAC. The Subcommittee continued the item and requested additional information. For your awareness, I sent the commercial parking amendment to the County Attorney's Office and was informed that there was an issue. The reviewing attorney had been out of the office, but I will find out her concerns this Friday. As promised, I will certainly keep you posted on when these will be going forward to public hearing. Thanks! "The County's Code Enforcement Board shall strictly enforce the Land Development Code and other applicable codes and laws to control the illegal storage of machinery, vehicles and junk, and the illegal operation of commercial activities within the Rural Golden Gate Estates" In Jeff Klatzkow's own words during our May 22 meeting, he agreed that Gerardo, our next door commercial landscaper, 3861 11th Ave 5W, and the likes don't fall under commercial parking and storage, Code 130-97, which excludes E-Estates. Mr. Klatzkow actually called it " illegal operation of commercial activity". The house is a facade to park their company commercial trucks . He did .go on to say somehow enforcement has not happened or fallen by the wayside over the past several years. Mr. Bellows has already made the determination, July 2024, that a Landscape Company cannot operate next to us which confirms Mr. Klatzkow's statement about "operation of commercial activities" I would say, due to public concerns & comments, the above language was added. Thanks William Mares On May 21, 2025, at 12:44 PM, Audrey Mares <dutmarab@comcast.n et> wrote: Mr. Johnson Good Afternoon 1. All the other counties say "inside the house" and they have tied commercial parking to the Home -Base Business several years back. Eric Johnson From: Audrey Mares <dutmarab@comcast.net> Sent: Wednesday, May 21, 2025 12:45 PM To: Eric Johnson Cc: Neighbor - Tim & vicki maloney Subject: Re: COMMENTS from Public Meeting for LDC Amendments 5-20-25 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Johnson Good Afternoon 1. All the other counties say "inside the house" and they have tied commercial parkingto the Home -Base Business several years back. 2. County Commissioners met last month and the direction was for Mr_ Bosi, after his presentation, was to bring back his proposal for the May 27th meeting so as the Commissioners can vote. The mandate was to fast track the proposal. Mr. Bosi told Tim & I the Code of Laws can be approved without the lengthly committee process. He said I can write the proposal in 30 minutes to only apply to E-Estates including start and stop times ready for the Commissioners to approve. 3. Our take -a -way a. The Home -Based Business was not to be drastically modified. Our understanding with meeting with Amy it just pull out the 2022 proposal and start thru the committees again. b. The Parking of Commercial Vehicles in a Residential area was to be voted on next week c. We're a year out with anything happening. So in the meantime we have to put up with unlimited commercial trucks coming and going from a facade motel. Seems to be punitive for a E-Estates residences without a business. Thanks William On May 21, 2025, at 9:33 AM, Eric Johnson <Eric.Johnson@colliercountyfl.gov> wrote: Mr. Mares, I'm glad you had a chance to express your views at the meeting —that's exactly what the public hearing process is for —and I will keep you apprised of each upcoming meeting. This LDC amendment regarding Home -Based Businesses and the amendment to the Code of Laws and Ordinances regarding Commercial Vehicles in Residential Areas will be presented in tandem at the next meeting. Begin forwarded message: From: Eric Johnson <Eric. Johnson QcolIiercountyfl,.gov> Subject: FW: Upcoming Public Meeting for LDC Amendments 5-20-25 Date: May 15, 2025 at 9:40:13 AM EDT To: Audrey Mares <dutmarab comcast.net> Cc: "bessiebluesCa amail.com" <bessiebluesC&gmail.com> Mr. Mares, Please be advised, the Development Services Advisory Committee -Land Development Review Subcommittee (DSAC-LDR Subcommittee) will be reviewing four LDC amendments, including Home Based Businesses. I encourage you to attend the meeting and offer your comments. Thank you. Eric Johnson AICP, CFM, LEED Green Associate Manager - Planning Zoning Office:239-252-2931 Eric. Johnson colliercount I. gov From: Angela Galiano <An ela.Galiano colliercount fl. ov> Sent: Thursday, May 15, 2025 8:47 AM To: Angela Galiano <An ela.Gafiano colliercount fl. ov> Subject: Upcoming Public Meeting for LDC Amendments 5-20-25 This email supersedes the previous email sent yesterday on May 14, 2025. Please note: the location of the meeting has been updated to 2800 N. Horseshoe Dr. GMCDD Building. Angela Galiano Planner II Zoning Office:239-252-5759 Angela. Galianokolliercou ntyfl. gov Under Florida Law, e-mail addresses are public ^records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. <image002.png><image003.png><image004.png><image00S.png><image006.png><image.003.png><im age007.png><Image00S.png><image006.png><image007.png><image002.png><image008.png><image 008. png> THIS PAGE INTENTIONALLY LEFT BLANK .,,)Collier County LAND DEVELOPMENT CODE AMENDMENT PETITION PL20250014625 ORIGIN Board of County Commissioners SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment updates the applicability of the Comparable Use Determination provisions to include the Industrial (I) zoning district. LDC amendments are reviewed by the Board of County Commissioners (Board), Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR Subcommittee). HEARING DATES LDC SECTION TO BE AMENDED Board TBD 02.03.04 Industrial Zoning Districts CCPC TBD DSAC TBD DSAC-LDR 01/20/2026 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC TBD TBD TBD BACKGROUND On November 10, 2020, the Board adopted Ordinance 2020-44, which was an LDC amendment (PL20190000389) that changed the Zoning Verification Letter -Comparable Use Determination process. Prior to its adoption, when an applicant wanted to know if an unlisted use was comparable to a listed use in a conventional zoning district, the applicant would have to submit a Zoning Verification Letter -Comparable Use Determination application to the County. Staff would review the application, decide on its compatibility, and draft a ZVL accordingly, and the ZVL would then be scheduled for a public hearing with either the Hearing Examiner (HEX) or the Board of Zoning Appeals (BZA) for their affirmation. However, with the adoption of Ordinance 2020-44, the CUD process was removed from the ZVL process, and a separate process was created for the CUD, along with new evaluation criteria. With this improved process in place, when a CUD application is received, staff now generates a Staff Report, includes a recommendation, and forwards both to the HEX, who serves as the final decision maker, or Board of Zoning Appeals, by resolution. The adoption of Ordinance 2020-44 also eliminated the applicability of the Comparable Use provisions from the lists of conditional uses in many zoning districts, including the Industrial (I) Zoning District, which had been in the LDC since 2008. On October 12, 2021, the Board reviewed four motions filed by the owner of the proposed Isles of Capri Food Truck Park. During this item, the Board directed staff to bring back an LDC amendment emphasizing the need to have the conditional use process apply to CUD applications, and for each CUD request be examined for comparability, compatibility, and consistency on a site -specific basis only —and not applied uniformly to all areas within the County that share the same zoning district or to other zoning classifications having higher intensities. In response to the Board's direction, staff drafted another LDC amendment (PL20220000207) with the goal of clearing any confusion or the misapplication of the scope of a CUD, so that each request would be restricted to a site -specific location (e.g., lot, parcel, tract of land, etc.) and correct any unintended consequences of expanding the CUD process beyond what the Board intended. On October 11, 2022, staff requested direction from the Board to advertise the draft Ordinance. The LDC amendment included the requirement that all CUD applications need to obtain conditional use approval (except for applications involving properties within certain PUD). The Board directed staff to advertise the draft ordinance, and no changes to the I Zoning District was proposed at that time. However, when the Board reviewed the LDC amendment at their meeting on January 24, 2023, the Board wanted G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2026\01-20\Materials\PL20250014625 Comparable Use Industrial - LDCA (0 1 -07-2026).docx .,,)Collier County to reevaluate the conditional use component of the amendment. During that meeting, the Board wanted to make it clear that their intent was such that if a CUD is approved on one parcel, that its approval on that one parcel does not entitle the use on a different parcel, even within the same zoning district. The Board wanted to ensure that the CUD application is site -specific and demonstrate compatibility with the neighborhood. The item was continued until the following month. The LDC amendment returned to the Board on February 28, 2023; however, this version did not contain the conditional use component, and no changes were proposed to the lists of permitted or conditional uses in any zoning district. The LDC amendment clarified that if the CUD was not reviewed by the HEX, it would be reviewed by the CCPC, then the CCPC would offer their recommendation to the BZA. The Board approved the LDC amendment (PL20220000207), resulting in the adoption of Ordinance 2023-16. Staff began working on another LDC amendment (PL20250000180) that affected the CUD process. This LDC amendment required that a public notice sign must be posted on a property involving a CUD request prior to the advertised public hearing. On October 28, 2025, the Board approved the LDC amendment, resulting in the adoption of Ordinance 2025-51. The LDC amendment also amended the definitions section (LDC section 1.08.02), by defining "Comparable Use Determination" as follows: "A process, in accordance with LDC section 10.03.06 K, to determine whether a use for a site specific location that is not expressly listed within a conventional zoning district, overlay, or PUD ordinance is comparable in nature and consistent with the list of identified permitted uses in a conventional zoning district, overlay, or PUD ordinance." On December 9, 2025, the Board declared the addition of the comparable use language to the I Zoning District as an act of "Zoning in Progress," which allows for staff to process comparable use request, while developing this LDC amendment. FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY There are no anticipated fiscal or operational The proposed LDC amendment has been reviewed by impacts associated with this amendment. Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: None 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2026\01-20\Materials\PL20250014625 Comparable Use Industrial - LDCA (0 1 -07-2026).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Amend the LDC as follows: 2.03.04 — Industrial Zoning Districts A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (1). a. Permitted uses. Agricultural services (0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops, with or without fertilizing, shall be a minimum of 500 feet from a residential zoning district. 0722-0724, 0761, 0782, 0783). 58. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non- conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre -disaster condition. 59. Any other industrial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. # # # # # # # # # # 3 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2026\01-20\Materials\PL20250014625 Comparable Use Industrial - LDCA (01-07-2026).docx Attendance Roster — Date: January 20, 2026 DSAC — Land Development Review Subcommittee **Must have (3) members for a quorum** Committee Members Name Signature Clay Brooker: Blair Foley: Robert Mulhere: Mark McLean: Jeffrey Curl: Staff Members Mike Bosi, Planning and Zoning Division Director, GMCD Not Present Eric Johnson, LDC Planning Manager, GMCD Richard Henderlong, Planner III, GMCD Not Presen Alexander Showalter, Planner III, GMCD 1 1 V41 Heather Cartwright-Yiimaz, Management Analyst/Liaison, GMCD Present Jaime Cook, Development Review Director, GMCD Present I rrndl E/176► kn(D 1 !armor �1 Attendance Roster — Date: January 20, 2026 DSAC — Land Development Review Subcommittee Public Sign -in Sheet Please Print NAME REPRESENTING PHONE NO. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ooKEr_ - C-L4y- COLyINA- 634C - CJF_�IJZ SAt r_0 Al 14 17r5F MAILINGADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON qZ1 Ste+ 4 WHICH I SERVE IS A UNIT OF: CITY / COUNTY ❑ CITY COUNTY ❑ OTHER LOCAL AGENCY ll,jecem COLL, I EI, NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED C0LLr F K_ MY POSITION IS; I 0—;.( ❑ ELECTIVE APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government.agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the speciai private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F,S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes (Continued on page 2) CE FORM BB - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 41LAY 6 ooXEti , hereby disclose that on SIN Z0 20 57 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, ; X inured to the special gain or loss of J�°CA:NE; a% CAAG I11� /8°nkDj J,%, C.LC. by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: IKy r✓T r'� 10tAf *JAe- -ma- L��' %+'�1ENDNIC+`J� IN 6?tfG57T4a. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. /— Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CF FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0, F.A.C. Collier County Government Communications, Government & Public Affairs 3299 Tamiami Trail E., Suite 102 Naples, Florida 34112-5746 January 12, 2026 FOR IMMEDIATE RELEASE Notice of Public Meeting Development Services Advisory Committee Land Development Review Subcommittee Collier County, Florida January 20, 2026 3:00 p.m. Eioxto''� Notice is hereby given that the Collier County Development Services Advisory Committee - Land Development Review Subcommittee (DSAC-LDR) will meet on Tuesday, January 20, 2026, at 3:00 p.m. in Conference Room 609/610 of the Growth Management Community Development Department building, 2800 N. Horseshoe Drive, Naples, Florida. Individuals who would like to participate in person must complete and submit a speaker form prior to the beginning of the discussion about the item. About the public meeting: Two or more members of the Board of County Commissioners may be present and may participate in the meeting. The subject matter of this meeting may be an item for discussion and action at a future Board of County Commissioners meeting. All interested parties are invited to attend, and to register to speak. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations in order to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380 as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. For more information, call Eric Johnson at (239) 252-2931. 01.113