St Lucie County
Florida

Resolution
RES-2017-203

Margiric Farm Agricultural Labor Housing - Conditional Use Permit

Information

Department:Planning DivisionSponsors:
Category:Conditional UseFunctions:Quasi-Judicial

Financial Impact

N/A

Previous Action

August 17, 2017 - The Planning and Zoning Commission recommended unanimous approval of the request to the Board of County Commissioners.

Recommendation

Staff recommends approval of the conditional use permit for agricultural labor housing subject to the conditions in the resolution.

Background

The applicant, Margiric Assett, LLC is requesting a Conditional Use Permit to allow for the construction of 20 modular dwelling units of agricultural labor housing on a 20 acre parcel of land located approximately 3 miles west of Interstate 95 on the south side of Indrio Road (16001 Indrio Road). 

 

The applicant submitted a Major Site Plan petition for the proposed Agricultural housing project (see attached).  The housing will be located on the west side of the parcel adjacent to an existing 21,650 s.f. packing house.   Each dwelling unit will be modular constructed, will house no more than six (6) individuals with a maximum stay of 10 months, and will be required to comply with Florida Building Code requirements and Chapter 64E-14, Florida Administrative Code regulating Migrant Labor Camps.  Water and wastewater will be provided by a private septic system that will be required to meet applicable Health Department permitting requirements.

 

 

 

 

Meeting History

Sep 5, 2017 6:00 PM Video Board of County Commissioners Regular Meeting

This item's file type changed post-meeting.

This item was presented along with item 10B.1

Chairman Dzadovsky noted that this item was quasi-judicial and asked for Commissioners’ disclosures. Chairman Dzadovsky noted that he met with the representative of the site plan and the proposed conditional use permit and staff regarding this issue. Commissioners Bartz, Townsend, and Mowery noted the same.

Jeffrey Johnson, Senior Planner presented this item.

The applicant, Margiric Assett, LLC is requesting a Conditional Use Permit to allow for the construction of 20 modular dwelling units of agricultural labor housing on a 20 acre parcel of land located approximately 3 miles west of Interstate 95 on the south side of Indrio Road (16001 Indrio Road). The applicant submitted a Major Site Plan petition for the proposed Agricultural housing project. The housing will be located on the west side of the parcel adjacent to an existing 21,650 s.f. packing house. Each dwelling unit will be modular constructed, will house no more than six (6) individuals with a maximum stay of 10 months, and will be required to comply with Florida Building Code requirements and Chapter 64E-14, Florida Administrative Code regulating Migrant Labor Camps. Water and wastewater will be provided by a private septic system that will be required to meet applicable Health Department permitting requirements. Required public notice was published in the St. Lucie Tribune and a public notice sign was posted on the subject property. Required mail notices were sent to surrounding property owners.

Staff recommends approval of the conditional use permit for agricultural labor housing subject to the conditions in the resolution:

· The housing is to be temporary and comply with all Health Department Requirements.

· If the dwellings are vacant for a period of more than 12 months they shall be considered abandoned and the owner shall remove them within 90 days of receipt of notice.

· No children below 16 years old shall reside in the agricultural housing units.

· The Environmental Resources Department shall obtain any state and federal permits prior to the commencement of any onsite development.

Chairman Dzadovsky asked if his questions about the placement of the septic tank in reference to the canal had been addressed by the applicant. The Senior Planner answered that County Staff had the discussion with the applicant about possibly moving the septic, and noted that the applicant had been working with the Health Department and that the septic areas as depicted (on the site plan) do comply with their requirements.

Chairman Dzadovsky expressed his concern regarding past issues with setbacks from a water source. Amy Griffin, Environmental Resources Director, responded that the particular section of the County’s Land Use Development code does not apply to canals, and so the County cannot require additional setback from a canal. She suggested, however, that the Board could make monitoring of the septic system a condition of the permit.

Mike McCarty, McCarty Land Planning and Design, spoke on behalf of the applicant Margiric Farms. He presented the site plans and gave details about the plan and the septic system and drain fields. He stated that he does not believe that his client would have a problem accepting the condition of having the septic systems monitored because the Health Department was already going to be monitoring its maintenance. He stated that their project is needed to support Florida agriculture, it is in compliance with the Land Development regulations, and that he hopes the Board would grant approval.

Chairman Dzadovsky opened the item for public comment at this time.

A St. Lucie County resident addressed the Board and asked why the County does not clean the ditches.

Chairman Dzadovsky closed public comment.

Chairman Dzadovsky clarified with Mr. McCarty that his client, Margiric Farms would be willing to accept annual maintenance of the septic system as a condition of the permit and Mr. McCarty responded that they would.

Commissioner Townsend expressed her support for approving the conditional use permit.

Commissioner Mowery commented that he was opposed to the Board adding an annual septic maintenance requirement because he felt that it would be overstepping their bounds in what they should realistically be controlling in an agricultural zone.

Chairman Dzadovsky reiterated his concern about the density of human waste and medications leaching into a canal that would potentially be used to irrigate food crops. He noted the County’s problems with other septic systems and felt that it would be better to address those types of problems on the front end.

Commissioner Townsend raised the question of how the County would monitor the septic maintenance requirement if they add that as a condition and how they would hold the applicant accountable to the requirement.

Chairman Dzadovsky stated that he would not support the item without the septic monitoring condition.

Mr. McCarty informed the Board that the Health Department would be regularly inspecting the septic systems and could furnish the County with reports if needed.

Commissioner Mowery restated his objection to adding extra layers of administration for an item that is already being taken care of as part of another entity’s requirements.

John Wolpde, representing Margiric Farms, addressed the Board and stated that the septic system inspections already have to be performed as part of the Department of Labor and Health Department’s requirements for their housing permit. He also noted that all of the water on their property is filtered before it goes into their reservoirs.

RESULT:APPROVED [UNANIMOUS]
MOVER:Cathy Townsend, District No. 5
SECONDER:Linda Bartz, District No. 3
AYES:Chris Dzadovsky, Tod Mowery, Linda Bartz, Cathy Townsend
ABSENT:Frannie Hutchinson