☐ Consent Agenda ☐Quasi-Judicial Public Hearing
☐ Regular Business 6:30 pm
☒ Public Hearing Agreement
DEPARTMENT: Legal
SUBMITTED BY: Valerie Vicente, County Attorney
PRESENTED BY: Valerie Vicente, County Attorney
TITLE & DESCRIPTION:
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Osceola/VCH Mediated Settlement Agreement (FLUEDRA)
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REQUESTED MOTION:
Motion to accept/deny the Mediated Settlement Agreement.
SUMMARY:
The County participated in the mandatory mediation required by Section 70.51, Florida Statutes, as a result of a petition filed by VCH Holdings and Osceola Organics, challenging the Board’s denial of their Special Exception application for a biosolids composting facility. The parties have reached a mediated settlement agreement which is included in the agenda for the Board’s consideration.
BACKGROUND:
On or about August 21, 2024, Osceola Organics, LLC (“Osceola”) submitted a Special Use application to the County requesting Special Exception approval to operate a 32-acre biosolids composting facility on VCH Holdings, LLC’s (“VCH”) real property.
Thereafter, on March 4, 2025, the DeSoto County Planning Commission held a duly noticed public hearing on Osceola’s application and forwarded its recommended approval to the DeSoto County Board of County Commissioners (the “Board”). Then, on March 25, 2025, the Board held a duly noticed public hearing on the application and tabled the item until April 22, 2025.
On April 22, 2025, the Board held a second duly noticed public hearing on Osceola’s application, where additional testimony and evidence was presented by County staff, the applicant, and interested parties. Following the conclusion of the public hearing on April 22, 2025, the Board denied Osceola’s application.
On May 29, 2025, Osceola and VCH (as “Petitioners”) initiated the process prescribed in section 70.51, Florida Statutes, by filing Petitioners’ Request for Relief Under the Florida Land Use and Environmental Dispute Resolution Act (“FLUEDRA”). On September 3, 2025, the County served its Response to Petitioners’ Request.
In accordance with the requirements of FLUEDRA, on October 8, 2025, the Petitioners and the County participated in a public hearing before Special Magistrate Mark P. Barnebey, which resulted in the negotiation of the terms and conditions of a Mediated Settlement Agreement.
The County Attorney’s office recommends adoption of the proposed Mediated Settlement Agreement, which includes the original 12 recommended conditions prepared by staff and contained in their staff report, as well as an additional 8 conditions, as set forth in Section 3 therein.
FUNDS:
Budget Amount: NA
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