TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr.; County Administrator
FROM: Patrick J. Murphy; Chief Long-Range Planning
DATE: July 1, 2025
SUBJECT: Indian River Land Trust, Inc.’s Request to Amend the County’s
Comprehensive Plan Future Land Use Map from R, Rural Residential
to C-3, Conservation-3 AND Rezone Approximately ±36 Acres from
A-1, Agricultural District to CON-3, Conservation District (2025-05-0015)
__________________________________________________________________
BACKGROUND
The Indian River Land Trust, Inc. has submitted concurrent requests to amend the comprehensive plan future land use map from R, Rural Residential (up to 1 unit/acre) to the C-3, Conservation-3 (up to 1 unit/2.5 acres) future land use designation, and to rezone the same property from the A-1, Agricultural District (up to 1 unit/5 acres), to the CON-3, Conservation zoning district. The subject property is located approximately 1,300 feet north of 85th Street (CR 510), in the vicinity south of Concha Drive and Joy Haven Drive (both streets located in the City of Sebastian), and roughly 1.6 miles west of 66th Avenue. The area to be reassigned zoning and future land use designations consists of ±35.73 acres. The subject property does not have road frontage along a public thoroughfare and is currently maintained via an access easement running north-south from CR 510, through the parcel located immediately south of the Indian River Land Trust property.
The requested zoning district of CON-3, Conservation, is a step-down zoning classification from the A-1, Agricultural district in that it is a reduction in allowable land uses. The change in future land use (FLU) designation is also a step-down in intensity as the current FLU designation allows for residential use at one unit per acre, while the new FLU designation would require 2.5 acres to construct a single-family home. Multiple-family residential use is not permitted in either category.
Indian River Land Trust, Inc. has purchased the subject property using funds allocated from the Florida Communities of Trust (FCT), which is a state-funded land acquisition program created in 1989 by Chapter 380, Florida Statutes. One of the stipulations for the use of state funds by the Indian River Land Trust, Inc. to purchase the subject property is that the purchased land must be designated/zoned for public conservation. To that end, the purpose of this request is to secure the necessary land use/zoning designations to reflect the property’s public conservation ownership.
ANALYSIS
Existing Land Use Pattern
Comprised of one (1) complete parcel of 35.73 acres of land, the subject property consists of old-growth cypress trees, mature oaks, and native cabbage palms. An existing, natural watercourse cuts through the parcel, flowing from the southeast corner of the property to the northwest corner, where it intersects with the Elkcam Waterway created via the Sebastian Highlands subdivision. The watercourse then drains into a tributary and continues flowing north where it connects to the St. Sebastian River. Portions of the property were previously used as an orange grove but have been vacant for many years now. Undeveloped lands abut all sides of the subject property.
The property is zoned A-1, Agricultural District (up to 1 unit per 5 acres). To the northeast, is a 5.32-acre property zoned A-1 that contains a single-family home. A small triangular-shaped parcel of approximately 2.63 acres, zoned A-1, abuts the subject property to the southeast. Along the south and west borders of the property is undeveloped land of approximately +/- 68 acres zoned IRC A-1 (Agricultural). To the north is the Sebastian Highlands Unit 11 subdivision (City of Sebastian), which is zoned RS-10, Single-Family Residential (1 dwelling unit / 10,000 square feet).
Applicant’s Justification Statement
The 36-acre Sebastian River Property is situated along the southwestern border of the City of Sebastian and is in an area under heavy development pressure. The St. Sebastian River is home to manatee, alligators, prehistoric garfish, important bird rookeries, and species of globally rare fish. It is the only natural tributary of the Indian River Lagoon in Indian River County, which underscores this property’s direct conservation value to the Lagoon. The protection of this property secures an important wildlife corridor and provides a buffer from runoff of sediments and fertilizers that would otherwise occur if homes were developed close to the river.
The property contains an Old Florida cypress forest that stood long before the surrounding lands were developed. A portion of the property was formerly a citrus grove but now contains +/-22 acres of native oak trees and cabbage palms that have replaced the orange trees. Mature cypress trees cover the remaining acres along 1,600 feet of river frontage. This frontage is part of the river floodway, and the property is mostly in the AE flood zone.
In the fall of 2024, the Indian River Land Trust was awarded a reimbursement grant from Florida Communities Trust in return for agreeing to open this property up to the public so that they can enjoy a future-planned 0.6-mile nature trail, wildlife observation platform, picnic pavilion, interpretive kiosk, and seating benches. The Indian River Land Trust hopes this short trail will become part of a larger scenic nature trail along the river between CR 510 and CR 512, in an area designated by Indian River County as the St. Sebastian Greenway.
This change in designations will further highlight the property as a critical natural buffer between the river and the proposed developments to the south as well as an opportunity for public access along the natural corridors via trails. By eliminating residential development, the amendment reduces future service loads on water and sewer, schools, and other utilities, while increasing the property’s value for recreation and conservation enjoyment for the public. Conserving this land provides natural control for flooding and protects important aquifer recharge areas.
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.
CON-3: St. Sebastian River Xeric Scrub Conservation District: The conservation districts are established to implement the policies of the Indian River County comprehensive plan for managing lands for conservation uses. These districts are intended to promote the management and protection of natural resources and systems, promote public awareness of the importance of ecologically sensitive lands, provide limited use of publicly held lands for conservation and recreational uses and limited uses of privately owned property.
Analysis
In this section, an analysis of the reasonableness of the application will include the following:
• An analysis of the proposed amendment’s impact on public facilities;
• An analysis of the proposed amendment’s compatibility with surrounding areas;
• An analysis of the proposed amendment’s consistency with the comprehensive plan; and
• An analysis of the proposed amendment’s potential impact on environmental quality.
Concurrency of Public Facilities
The subject property is located within the County’s Urban Service Area, which is the area deemed suitable for urban scale development. Within the urban service area, the comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for these services and facilities are maintained, the comprehensive plan requires that new development be reviewed for concurrency determination.
As per the Concurrency Management provisions in Chapter 910, projects which do not increase land use density or intensity are exempt from concurrency requirements. For the subject request, the 36-acre parcel will be re-designated from R, Rural Residential (up to 1 unit/acre) to C-3, Conservation-3 (up to 1 unit/2.5 acres). This represents an overall decrease in land use density and intensity. Thus, the land use amendment request is exempt from concurrency review. It is important to note that the adoption of the amendment will not negatively impact public services.
Compatibility with the Surrounding Area
The Indian River Land Trust provided a justification statement with their application proclaiming there will be no development on the subject property, except for minor facilities associated with passive recreation activities. For that reason, the property will enhance compatibility between the subject site and surrounding land uses. In terms of traffic, noise, and aesthetics, the impacts associated with uses allowed under the proposed C-3 future land use category will be far less than those that could occur with development under the existing land use designation. In fact, the passive recreational uses allowed under the requested zoning district (and planned by the applicant) will serve as an amenity for nearby residential uses. For those reasons, staff have determined that the requested land use amendment is compatible with the surrounding area.
Potential Impact on Environmental Quality
The site’s existing land use designation offers limited environmental protection, mostly in the form of open space requirements. With this request, the potential development intensity is less than half of what is currently allowed by requiring 2.5 times more acres per residential unit. In contrast, the applicant’s proposal will preserve the entire area of the site, and development will be limited to conservation and compatible passive recreational uses. By prohibiting most types of development, the proposed request will ensure that the environmental quality of the property will be preserved. For those reasons, the proposed land use amendment will positively impact the environmental quality of the subject property.
Consistency with the Comprehensive Plan
Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per county code, the “comprehensive plan may only be amended in such a manner as to preserve the internal consistency of the plan.” Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map.
The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify actions the county will take to direct the community’s development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions, including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular importance and applicability for this request are the following Policies:
Future Land Use Element Policy 1.43
In evaluating a future land use element map amendment, the most important consideration is Future Land Use Element Policy 1.43. That policy requires that one of the established four criteria must be met to approve a land use amendment request. Those criteria are
• The proposed amendment will correct a mistake in the approved plan;
• The proposed amendment will correct an oversight in the approved plan;
• The proposed amendment is warranted based on a substantial change in circumstances. For Future Land Use Map amendments, the change in circumstances must affect the subject property; or
• The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map.
The proposed land use amendment meets the policy’s third criterion. In this case, the subject property was purchased specifically for conservation purposes. As such, the acquisition of the property by the Indian River Land Trust constitutes a substantial change in circumstances affecting the subject property and meets the third criterion of Future Land Use Policy 14.3.
Future Land Use Element Policy 1.43 also states that the Board of County Commissioners shall rezone land only in a manner that is consistent with Future Land Use Element Table 2.14. This table lays out all the zoning districts that are consistent and compatible with each of the established land use categories. Within this table, the CON-3, Conservation Zoning District is the only district that aligns with the C-3 land use category. Permitted uses in this zoning district include resource management, conservation education, natural resource research, and public parks. Therefore, per Table 2.14, the CON-3, Conservation Zoning District is the appropriate district to align with the C-3 land use category and is supported by staff.
Future Land Use Element Policies 1.5 and 1.6
Future Land Use Element Policy 1.5 states that the conservation land use designations shall be applied to those areas which contain or possess lands with qualities and features which play a vital or essential role in the normal functioning of the county’s ecosystems and have been so identified in the conservation element or merit preservation as vestiges of once common county ecosystems.
Future Land Use Element Policy 1.6 limits the use of C-3 designated land to conservation and passive recreational uses. A site owned by a Public Land Trust, containing wetlands and native upland habitat, would indeed meet those criteria. For that reason, the request is consistent with Future Land Use Element Policies 1.5 and 1.6.
As part of the analysis, all applicable policies in the comprehensive plan were considered. Based on that analysis, staff determined that the proposed land use designation amendment is consistent with the comprehensive plan.
BUDGETARY IMPACT
N/A
PREVIOUS BOARD ACTIONS
There have been no previous applications for a LUDA or rezoning of the subject property. The Planning and Zoning Commission, at its regular meeting on June 12, 2025, unanimously recommended approval of the rezoning request.
POTENTIAL FUTURE BOARD ACTIONS
The requests to change the designations of the property, is final and "runs with the land." No future board action would be needed for the requests.
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Recommended Action
Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the requests to amend the comprehensive plan future land use map from R, Rural Residential to the C-3, Conservation-3 future land use designation, and to rezone the subject property from the A-1, Agricultural District to the CON-3, Conservation zoning district, by adopting the attached ordinances.