TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr.
FROM: Cindy Thurman, Senior Planner, Long Range Planning
DATE: April 22, 2025
SUBJECT: 7750 Oslo Road, LLC's Request to Rezone Approximately +/- 3.73 Acres
from A-1, Agricultural District to CH, Heavy Commercial District
(2001080114-97736) [Quasi-Judicial]
_________________________________________________________________________________________
BACKGROUND
The subject property is situated on the north side of Oslo Road, just east of I-95, and approximately 2,000 feet west of 74th Avenue SW. The area to be rezoned consists of ±3.73 acres and is only a portion of the overall 17.31 acre parcel. The overall parcel has split zoning with IL, Light Industrial zoning along the Oslo Road frontage and A-1 in the rear where the property is mostly undeveloped.
The 3.73 acres is identified as the area where the IL zoning boundary district ends and the A-1 district boundary begins. The CH heavy commercial zoning would extend north for a depth of 300 feet. This area includes an existing building that the proposed business (Aluma Tower) will occupy. The proposed business uses aluminum tubing to create telescoping radio towers for both civilian (news vans) and military uses. This business activity is akin to a welding or machine shop, which are permitted uses in the CH and IL zoning districts.
The requested zoning district CH, Heavy Commercial, is a step down zoning classification from the IL, Light Industrial district so that there is not such an abrupt change and there is an increased buffer. This will soften the transition between the A-1agricultural zoning located north of the property and the IL, Light Industrial zoning.
The property, being just east of the new I-95/Oslo Road interchange, is an existing commercial/industrial node. The requested CH zoning classification would allow Aluma Tower to utilize all of the existing buildings. Anticipated changes to the Oslo Road corridor in this area are expected. The Planning and Development Services department is currently conducting a Study and recently held several community workshops to further examine the future needs of the Oslo Road corridor.
Existing Land Use Pattern
The large commercial/industrial node and gradual increase in land use intensity with light industrial zoning along the north side of the Oslo corridor in this area demonstrates the county's approach to development, ensuring that commercial growth is envisioned and carefully managed in this area. The proposed transition of zoning from IL to CH and A-1 preserves a buffer between higher-intensity industrial uses and agricultural uses, aligning with broader planning goals to balance economic development and rural life for future development of local communities along the commercialized corridor.
With respect to zoning, the county’s policy has always been to retain agricultural zoning on property within the urban service area rather than changing it to be consistent with the property’s underlying future land use designation. This reflects the county’s policy of using agricultural zoning with the urban service area as a “holding” zone. This policy recognizes that urbanization occurs incrementally with various tracts remaining agricultural for longer periods.
Zoning District Differences
The distinctions between these two zoning districts are best illustrated through their respective purpose statements, as outlined in the County’s Land Development Regulations (LDRs). These purpose statements provide a clear framework for understanding the intent and scope of each district's allowable uses and development potential. The purpose statements are as follows:
A-1: Agricultural District: The Agricultural-1 district is intended to provide areas suitable for agriculture, tree farming, and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas and scenic areas. This district is also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. This district is further intended to permit activities which require non-urban locations and do not detrimentally impact lands devoted to rural and agricultural activities.
CH: Heavy Commercial District: The CH, Heavy Commercial district, is intended to provide areas for establishments engaging in wholesale trade, major repair services, and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts.
ANALYSIS
The following analysis is per Chapter 902: Administrative Mechanisms, Section 902.12(3), which states that all proposed amendments shall be submitted to the Planning and Zoning Commission, which shall consider such proposals in accordance with items (a) through (k) of Section 902.12(3).
Item A - Whether the proposed amendment conflicts with any applicable portion of the land development regulations (LDRs).
Staff cannot identify any direct conflicts with the request for this proposed rezoning. It is an expansion of a heavier commercial use, but not the expansion of a more intense industrial use. The resulting outcome provides a buffer of heavy commercial between industrial and the county’s “holdings” of agricultural zoning. Traditionally, when agricultural land is located within the urban service area it is considered a “holding” zone as urbanization occurs incrementally.
In this context, there are no conflicts with the proposed rezoning regarding the land development regulations. More intensive commercial activities such as light industrial are still limited in the same area. The expanded area is limited to CH which is adjacent to the A-1 zoning on the north side of the subject property’s split zoning and would ensure ongoing compatibility and the most intense use, which is primarily along the Oslo Road corridor.
Item B - Whether the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan.
The goals, objectives, and policies outlined in the comprehensive plan are critical to guiding the County's development. Policies serve as actionable commitments that direct how the County will shape and manage growth. These policies form the foundation for all land development decisions, ensuring that the County’s planning efforts align with its long-term vision.
While all policies within the comprehensive plan hold significance, certain policies are more directly relevant when evaluating rezoning requests. For this case, Future Land Use Element Policies 1.17, 1.18, 1.43 and 1.44 are especially applicable. These policies provide specific guidance and criteria that must be carefully considered to ensure consistency with the County’s development goals and the compatibility of land uses within the community.
Future Land Use Element Policy 1.17 requires all commercial and industrial uses to be situated within the County's Urban Service Area. Additionally, Future Land Use Element Policy 1.18 permits a range of uses under the commercial/industrial land use designation, including business and personal services, retail, office, manufacturing, and storage/warehousing, subject to applicable zoning district regulations.
Given that the subject property is located within the County's Urban Service Area, and the proposed CH, Heavy Commercial zoning district is intended to accommodate the types of uses permitted under the C/I land use designation, the requested rezoning is consistent with the intent of Future Land Use Element Policies 1.17 and 1.18.
Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether a proposed zoning district is appropriate for a particular site. The policy states that the Board recognizes that not every zoning district allowed in a land use designation is appropriate for every site within that land use designation. For any parcel, the Board may deny a rezoning request (even when the requested zoning district is consistent with the parcel’s land use designation) if the denial serves a legitimate purpose. A Board of County Commissioners’ determination that the requested zoning district is not appropriate for the parcel may also be based upon the absence of the following location criteria:
For the CH, Heavy Commercial District:
· along arterial roads
· along railroad tracks
· between general commercial and industrial areas
· separated from residential development
The subject property meets 3 of the 4 rezoning review criteria outlined in the above policy. First, it is situated along an arterial road, as it has direct frontage on Oslo Road, just east of the I-95 interchange. Second, the property is located between commercial and industrial areas, given its current split zoning that includes Light Industrial (IL) zoning along the Oslo Road frontage and Agricultural "holding" zoning (A-1) to the north. Third, it is adequately separated from residential development, with no existing residential uses immediately adjacent to or in the vicinity of the subject property. The only criterion not met by the property is proximity to railroad tracks, as the property is not located along any railroad alignment.
The nearby properties in this location include existing IL zoned properties and the presence of elements that support industrial development as well as heavy commercial development. The property fails to meet the second criterion as it is not located along railroad tracks. However, this criterion is not in and of itself a cause for denial when it stands alone as the only failed criterion and does not independently warrant denial of the rezoning request, particularly given the property's strategic location directly across from Indian River County’s Landfill, an established heavy industrial use.
Future Land Use Policy 1.44 evaluates requests to rezone light industrial and heavy commercial zoned areas to ensure that sufficient CH and IL zoned land will remain if the rezoning is approved. In so doing, Policy 1.44 requires that the county favorably consider those types of rezoning requests where the subject property is located along high-volume roadways.
The subject property’s Oslo Road location and the requested CH, Heavy Commercial zoning is not an elimination of agricultural or industrial but an acknowledgment of and the introduction of heavy commercial zoning to accommodate uses accessory to the already established light manufacturing established along the Oslo corridor roadway and upon the subject property.
Item C - Whether the proposed amendment is consistent with existing and proposed land uses.
The subject property is designated as C/I, Commercial/Industrial on the Future Land Use Map. Since CH, Heavy Commercial zoning is permitted within the C/I land use designation, the proposed rezoning is consistent with the property's Future Land Use Map designation. This alignment ensures that the proposed zoning district is following the County's long-term land use planning objectives.
Item D - Whether the proposed amendment follows the adopted county thoroughfare plan.
The property has existing access to 9th Street SW (Oslo Road) and supports onsite improvements. The Planning and Development Services department is currently conducting a Study to further examine the future needs of the Oslo Road corridor.
Item E - Whether the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan.
There will be no net change to the estimated traffic generation due to the rezoning of a portion of the site. All buildings on this site were previously used for industrial use with traffic patterning similar to the intended use of the targeted rezoning.
Item F - Whether there have been changed conditions which would warrant an amendment.
Staff notes that the property is situated in an existing commercial/industrial node and the request represents the expansion of an existing business. Anticipated changes to the Oslo Road corridor in this area are expected as this property is within proximity to the new I-95/Oslo Road interchange. The Planning and Development Services Department is currently conducting a Study to further examine the future needs of the Oslo Road corridor.
Item G - Whether the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation.
Based upon the analysis conducted by staff, it has been determined that all concurrency-mandated facilities, including stormwater management, solid waste, water, wastewater, and recreation, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per Indian River County LDRs, the applicant may be required to pay utility connection and other customary fees and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development review process.
As per section 910.07 of the County’s LDRs, the conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not development projects, County regulations call for the concurrency review to be based on the most intense use of the subject property allowed within the requested zoning district.
For commercial rezoning requests, the most intense use of a property varies with the zoning district. In the case of A-1 zoned property, the most intense use (according to County LDRs) is 1 residential unit per 5 acres. For the CH rezoning request, the most intense use is general manufacturing with 20,000 square feet of gross floor area per acre [LDR 910.08(2)]. The site information used for the concurrency analysis is as follows:
1. Size of Area to be Rezoned: ±3.73 acres
2. Existing Zoning District: A-1, Agricultural District (up to 1 unit/5 acres)
3. Proposed Zoning District: CH, Heavy Commercial District
4. Most Intense Use of Subject Property 0 Single-family Units
Under Existing Zoning District:
5. Most Intense Use of Subject Property 74,600 S.F. of General Manufacturing
Under Proposed Zoning District:
Item H - Whether the proposed amendment would result in significant adverse impacts on the natural environment.
The subject property proposed to be rezoned from A-1 to CH is developed. Since the subject property does not contain any land designated by the State of Florida or the U.S. Federal Government as environmentally sensitive or protected land, such as wetlands or sensitive uplands, rezoning the site is anticipated to have no adverse impacts on environmental quality. When expansion development is proposed for the subject site, a more detailed environmental analysis based on the site-specific development proposal will be conducted.
Item I - Whether the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern.
Maintaining appropriate zoning buffers between the agricultural areas ensures a balanced transition between a mixture of uses. This context reinforces the suitability of the requested CH zoning for the subject property while maintaining the IL district to the south and buffering A-1 uses to the north.
The proposed amendment aligns with the comprehensive plan and surrounding zoning districts, promoting a logical and orderly development pattern. By facilitating compatible land uses, the amendment will contribute to a cohesive and well-planned transition between industrial and agricultural “holding” areas ensuring sustainable growth while adhering to the County’s long-term land use vision. This rezoning will support the efficient use of land and infrastructure, enhancing the overall functionality and maintaining the character of the area.
Item J - Whether the proposed amendment would conflict with the public interest and is in harmony with the purpose and interest of the land development regulations.
Staff have not identified any adverse impacts to public welfare and finds that the request aligns with the purpose and intent of the land development regulations. The proposed amendment is consistent with established planning principles and supports the broader objectives of promoting orderly growth and compatible land use. As such, the request is deemed to be in harmony with the County's regulatory framework and community development goals.
Item K - Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment, such as police protection, fire protection, and emergency medical services.
Based upon the analysis conducted by staff, it has been determined that all concurrency-mandated facilities, including police protection, fire protection, and emergency medical services, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning.
BUDGETARY IMPACT
There are no budgetary impacts associated with this request.
PREVIOUS BOARD ACTIONS
There have been no previous applications for rezoning of the subject property.
POTENTIAL FUTURE BOARD ACTIONS
The rezoning request, if approved, is final and runs with the land. No future board action would be needed for this request.
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Based on the analysis, staff recommends that the Board of County Commissioners approve this request to rezone the +3.73 acres of the + 17.31 acre subject property from A-1 to CH.
It shall be noted that the Planning and Zoning Commission, at its regular meeting on March 27, 2025, unanimously recommended approval of the rezoning request.
ATTACHMENTS
Existing Zoning Map
Existing Future Land Use Map
Rezoning Application
4. Draft Ordinance