TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
FROM: Patrick J. Murphy, Chief of Long-Range Planning
DATE: December 31, 2025
SUBJECT: Hiers Properties, L.L.C.’s Request to Rezone Approximately ±18.08 Acres
from A-1, Agricultural District to RS-3, Single-Family Residential District
__________________________________________________________________
BACKGROUND
The subject properties, comprising approximately ±18.08 acres, are located on the south side of 8th Street, approximately 0.4 miles east of 58th Avenue. The properties are currently zoned A-1, Agricultural District (see Attachment 1), are within the Urban Service Area (USA), and have a Future Land Use designation of L-1, Low-Density Residential-1 (up to 3 units/acre) (see Attachment 2).
The applicant’s justification letter states, “The Applicant seeks rezoning to RS-3 (single-family residential - 3 du/ac) to allow for the development of a low-density single-family subdivision.” The subject properties proposed for rezoning have been zoned A-1 since the original implementation of the Indian River County Zoning Atlas (1975-1985) and have historically been used solely for single-family residential purposes. Over the past 50 years, as land along 8th street has developed, most of the adjacent properties have transitioned to residential subdivisions, accompanied by the establishment of Glendale Elementary School in 1987 to the northeast, consistent with the L-1, Low-Density Residential Future Land Use designation. According to Table 2.14 of the Comprehensive Plan, A-1 zoning is not a permitted implementing district within the L-1 Future Land Use designation. Accordingly, the requested RS-3 zoning would implement the L-1 Future Land Use designation, allow development at an intensity appropriate for the Urban Service Area (USA), and support the applicant’s intent to develop a low-density single-family subdivision consistent with the area's existing residential character and zoning pattern. The Comprehensive Plan specifies under AGRICULTURAL LAND (Page 107) that “all land designated for agricultural use is located outside the Urban Service Area”
Existing Land Use Pattern
The surrounding area mostly reflects a residential development pattern along 8th Street that is characterized primarily by single-family residential subdivisions. Embedded within the northern portion of the subject properties, but excluded from this request, is a ±1.50-acre A-1 zoned parcel containing an existing single-family residence. This parcel (5175) shares driveway access to 8th Street with the subject properties. Directly north, fronting 8th Street, there are three additional single-family residences, each located on individual A-1 zoned parcels. All four A-1 parcels were established in the early 1970s and remain in single-family residential use. As each parcel is smaller than the A-1 zoning district’s minimum lot size requirement, all four are considered legally nonconforming due to lot size.
Continuing across 8th Street, between the small cluster of A-1 parcels, is the entrance to Laurel Oaks, a single-family subdivision platted in 1990 and zoned RS-3. To the northeast, across 8th Street from the site, lies Glendale Elementary School, built in 1987 and zoned RS-3. Further northeast along 8th Street is the Glendale Lakes single-family subdivision, platted in 1989 and zoned RS-3. Adjacent to the east of the subject properties are large-lot single-family homes zoned RS-3. Further east along 8th Street is the Heron Crest single-family subdivision, platted in 2001 and zoned RS-3. Southeast of the subject properties is the Indian Oaks single-family subdivision, platted in 2001 and zoned RS-3. Directly abutting the southern boundary of the subject properties is the Cypress Lake PD, a single-family Planned Development platted in 1999 and zoned RS-3. Directly abutting the western boundary are more single-family agricultural properties zoned A-1. To the northwest, across 8th Street, lies the newly platted Hampton Park PD, approved in 2022, and currently under construction.
Collectively, the surrounding developments illustrate 8th Street’s gradual transformation over the past five decades from rural and agricultural uses to a cohesive residential area characterized by Low-density neighborhoods. The subject properties’ L-1, Low-Density Residential-1 Future Land Use designation aligns with this established development pattern, and the requested rezoning from A-1 to RS-3 would provide consistency with adjacent and nearby residential zoning districts, supporting a logical continuation of the street’s residential framework under the Comprehensive Plan.
Zoning District Differences
In terms of permitted uses, there are both similarities and differences between the existing A-1 district and the proposed RS-3 district (See Attachment 3 for a zoning district comparison table). 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-1 District: This District is intended to provide areas suitable for agriculture, silviculture, and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas, and scenic areas. These districts are also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. These districts are further intended to permit activities that require non-urban locations and do not detrimentally impact lands devoted to rural and agricultural activities.
RS-3: Single-Family Residential District: This district is intended to provide areas suitable for Low-density single-family residential development within the Urban Service Area, at a maximum density of three (3) dwelling units per acre. The RS-3, Single-Family Residential District is established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential use, promoting single-family housing opportunities, and ensuring adequate public facilities to meet the needs of residents.
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 conflicts between the requested RS-3 zoning and the County’s LDRs. Both the current A-1 zoning and the proposed RS-3 zoning are established districts under the LDRs. The requested RS-3 zoning district is consistent with and would bring the properties into conformity with the existing L-1, Low-Density Residential-1 future land use designation.
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.
The request to rezone to RS-3 is consistent with the goals, objectives, and policies of the Comprehensive Plan, particularly the provisions of Chapter 2 Future Land Use Element regarding development and land use compatibility. Several key Comprehensive Plan policies and objectives apply to this proposal:
Urban Service Area & Efficient Growth: The Comprehensive Plan directs development into the Urban Service Area, where infrastructure and services are available. (Objective 1: Compact, Energy Efficient, Low-Density Development). The subject properties are located within the Urban Service Area and fronts upon 8th Street, a Major Collector roadway with county water and sewer service available. By focusing development on this infill site consistent with its L-1 designation, the rezoning advances the Plan’s intent to concentrate growth where it can be most efficiently served (Objective 1), thereby discouraging sprawl and ensuring effective use of infrastructure investments. The request is also consistent with Policy 4.1, which states that land use districts should be located in a manner that “concentrates urban uses, thereby discouraging urban sprawl.”
The Comprehensive Plan further provides that all residential development greater than 0.2 units/acre and all non-agricultural uses shall be located within the Urban Service Area (Objective 2). Policy 2.2 specifies that the County shall encourage and direct growth into the Urban Service Area through zoning and the application of LDRs. Since the proposed rezoning would allow Single-Family residential development on the subject properties, and the property lies within the Urban Service Area, the request directly implements Policy 2.2 by aligning the zoning with the site’s designated land use.
Future Land Use Designation: Policy 1.11 of the Comprehensive Plan designates Low-Density Residential areas for urban and suburban scale development within the Urban Service Area. The Future Land Use designation of L-1, Low-Density Residential-1 permits residential uses up to 3 dwelling units per acre (Policy 1.12). The requested RS-3 zoning appropriately implements this designation by allowing single-family residential development within the permitted density range. As the Comprehensive Plan specifies that Future Land Use Map densities represent maximums, the proposed zoning remains fully consistent with Policies 1.11 and 1.12 by supporting appropriately scaled and efficient infill development within the Urban Service Boundary.
Zoning Compatibility: The proposed rezoning from A-1, Agricultural District to RS-3, Single-Family Residential District is compatible with surrounding land uses and consistent with the locational criteria for zoning outlined in Future Land Use Policy 1.43 of the Comprehensive Plan. The subject properties are surrounded primarily by RS-3-zoned single-family subdivisions. Glendale Elementary School, zoned RS-3, is also located to the northeast across 8th Street. The area is entirely residential in character and is not adjacent to any commercial or industrial zoning districts. By meeting the guidelines of Policy 1.43, the proposed rezoning is consistent with Comprehensive Plan policies aimed at promoting compatible land use arrangements.
Item C - Whether the proposed amendment is consistent with existing and proposed land uses.
The proposed rezoning is consistent with the existing and planned land uses in the vicinity, as reflected in both the current development pattern and the County’s Future Land Use Map. The subject properties’ Future Land Use designation of L-1, Low-Density Residential allows for residential development up to 3 units per acre. While the existing A-1 zoning does not implement or correspond to the L-1 designation, RS-3 is an allowed and appropriate implementing district.
Item D - Whether the proposed amendment follows the adopted county thoroughfare plan.
The County’s Thoroughfare Plan identifies 8th Street as an east-west collector roadway serving this portion of the Urban Service Area. The subject properties have direct frontage on 8th Street, providing suitable access for urban residential development. Concentrating residential use at this location is consistent with thoroughfare planning principles, as collector roadways are designed to accommodate traffic volumes associated with suburban infill development. At the time of development review, the project will be required to meet all applicable access management standards under the County’s Thoroughfare Plan and Land Development Regulations. The rezoning itself does not propose any changes to roadway alignments or classifications and remains fully consistent with the adopted Thoroughfare Plan.
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.
Under the current A-1 zoning, development consistent with low-density single-family detached housing (ITE Land Use Code 210 - 9.44 ADT) would generate approximately 28 daily trips, based on a maximum of 3 dwelling units. Under the proposed RS-3 zoning, the theoretical maximum buildout of 54 single-family homes could generate up to 510 daily trips, using the same ITE trip generation rates. This represents a theoretical increase of 482 daily trips at full buildout.
The extent of any impact to 8th Street will depend on the specific development proposed at the subdivision or site plan stage. At that time, concurrency and access management evaluation will ensure compliance with all applicable roadway capacity and design standards. Importantly, the trip generation scenario reflects a “maximum-intensity” concurrency analysis for rezoning purposes only; a rezoning does not commit the parcel to the assumed use, nor does it guarantee that this level of traffic will occur.
Item F - Whether there have been changed conditions which would warrant an amendment.
Since the establishment of A-1 zoning on the subject properties, which was implemented through the original 1975-1985 Indian River County Zoning Atlas and has remained unchanged since that adoption, the surrounding area has experienced significant change consistent with the broader development of 8th street. Over the past several decades, this portion of the Urban Service Area has transitioned from predominantly agricultural and rural uses to established residential neighborhoods, reflecting the 8th Street’s evolution into a low-density residential community. Given these conditions, the continued application of A-1 zoning is no longer reflective of the prevailing development pattern or the L-1 Future Land Use designation.
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 properties under the proposed rezoning. Per Indian River County LDRs, the applicant will be required to pay utility connection and other customary fees and comply with other routine administrative procedures. As with all developments, 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 properties allowed within the requested zoning district. The site is within the urban service boundary therefore all essential utilities and services are either currently available at the site or can be extended to serve future development, and there is adequate capacity to accommodate the maximum potential development of the property under RS-3 zoning:
1. Size of Area to be Rezoned: ±18.08 acres
2. Existing Zoning District: A-1, Agricultural District (up to 1 unit /5 acres)
3. Proposed Zoning District: RS-3, Single-Family Residential (up to 3 units/acre)
4. Most Intense Use of Entire Properties 5 dwelling units (based on existing)
Under Existing Zoning District:
5. Most Intense Use of Entire Properties 54 dwelling units (based on 3 units/acre)
Under Proposed Zoning District:
Item H - Whether the proposed amendment would result in significant adverse impacts on the natural environment.
No adverse environmental impacts are expected to result from the rezoning. The subject properties do 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. The rezoning does not authorize any specific construction or site disturbance (it only changes the zoning map designation), and so it has no direct impact on the environment. When development is proposed for the subject site, a more detailed environmental analysis 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.
The proposed rezoning will facilitate an orderly and logical development pattern in this area. By replacing the existing A-1 zoning with RS-3, the amendment brings the parcel into conformity with its L-1 Future Land Use designation and surrounding single-family residential context, ensuring consistency with the established neighborhood pattern and resulting in no adverse effects.
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 have adequate capacity to accommodate the most intense use of the subject properties under the proposed rezoning. The subject properties are in an area of the County that is readily serviceable by existing fire and emergency medical facilities. The Indian River County Sheriff’s Office provides law enforcement in the unincorporated area and routine patrols already cover 8th Street. No issues are foreseen in extending coverage to new development.
REQUIRED NOTICE
For this project, staff were required to publish a legal advertisement in the newspaper, send out notice by mail to all property owners within 300 feet of the project site, and post a project notice sign at the project site. All these items were completed by staff.
CONCLUSION
Based on the analysis above, staff concludes that the request to rezone the subject properties, totaling ±18.08 acres, from A-1 to RS-3, is consistent with the Comprehensive Plan, meets all applicable land development regulations, and will advance the County’s planning objectives for the area. The subject properties are located within an established residential area where the proposed RS-3 zoning will promote compatible infill development and reinforce the County’s vision for balanced, orderly, and sustainable residential growth within the Urban Service Area.
PREVIOUS ACTIONS
At their regular meeting of December 11, 2025, the Planning and Zoning Commission voted 6-0 to recommend approval of the requested rezoning from A-1 to RS-3.
STAFF RECOMMENDATION
Recommended Action
Based on the analysis and conclusions outlined in this report, County Planning staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the request to rezone the ± 18.08 acres of subject properties from A-1 to RS-3.