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From: Cynthia <cynthiacolella@gmail.com>
<br />Sent: Monday, June 6, 2022 2:18 PM
<br />To: Susan Adams <sadams@ircgov.com>; Joseph E. Flescher <iflescher@ircgov.com>; Joe Earman
<br /><iearman@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Laura Moss <Imoss@ircgov.com>
<br />Subject: Bhakta Farms Request for Special Exception Use Approval (SP -SE -20-07-26 / 2004020221-
<br />86955) Public Hearing on June 7, 2022 at 9:00 a.m.
<br />CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links.
<br />Dear County Commissioners,
<br />My name is Cynthia Colella, and I'm a long time resident of Indian River County, with property adjacent to
<br />Bhakta Farms' proposed industrial distillery, and also adjacent to our pristine east marsh.
<br />I believe Bhakta's endeavor to create a farm to table business is a noble proposition, and I am not opposed to
<br />it. Our County's citrus growers have long understood the significance of such a business, and nothing in
<br />Florida is more farm to table than growing citrus and producing orange juice. Florida's agricultural industry is
<br />without a doubt one of the most cherished and historic aspects of our State.
<br />However, Florida Statutes are very clear when it comes to regulating agricultural businesses, and allowable
<br />agricultural land uses.
<br />I'd like to share some concerns I have regarding Bhakta's industrial distillery proposal, as well as my concern
<br />with the County's representation that the Bhakta distillery falls under an agricultural industry classification.
<br />There is a clear distinction in Florida Statutes, that classifies the growing and production of crops, and
<br />separates it from the post production of the crops. Specifically, growing and harvesting is classified as
<br />agricultural; and extraction, distillation, packing, warehousing, and wholesaling, is specifically EXCLUDED
<br />from an agricultural industry, and is classified as industrial. This important distinction in the law appears to
<br />have been overlooked in this particular matter, and I don't understand why. These are the same Statutes
<br />that apply to all growers in the State of Florida, and their respective businesses.
<br />The industrial processes of an agricultural business are typically performed on land zoned as industrial or
<br />commercial; not agricultural. This is the law for good reason. Because industrial processes are usually harmful
<br />or negatively impact agricultural land.
<br />In all of the County's reports and memos regarding the Bhakta distillery, the County classifies the distillery's
<br />use as: "an agricultural industry use per the Land Development Regulations, and requires special exception
<br />approval per Section 971.08(2)."
<br />However, it appears the County's classification is incorrect. According to Section 971.08(1), Florida Statutes,
<br />agricultural processing, extraction, distillation, packing, warehousing, and wholesaling, are all specifically
<br />EXCLUDED from the agricultural industries that are permitted in Section 971.08(2), Florida Statutes.
<br />Section 971.08(3), Florida Statutes, further states "Agricultural businesses SHALL NOT be interpreted to
<br />permit wholesaling or processing operations." To be clear, the Florida Department of Agricultural and
<br />Consumer Services (DACS) and federal regulations classify a distillery, and any fruit or vegetable crop
<br />processing, extraction, distillation, packing, warehousing, or wholesaling, as industrial, not
<br />agricultural. Moreover, Section 971.26 of our Municipal Code, classifies fruit and vegetable juice extraction,
<br />packinghouses, and warehouses, as industrial uses, not agricultural uses.
<br />The County's memos also use the term "farm" quite often, and suggest that the Florida Right to Farm Act
<br />allows the industrial processing of agricultural crops on agricultural land; which it does not. The Florida Right
<br />to Farm Act is designed to protect agricultural activities on farm land from nuisance law suits. The Act does
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