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2001-028
ORDINANCE NO, 2001- 028 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE RECREATION AND OPEN SPACE ELEMENT OF THE COMPREHENSIVE PLAN REGARDING A CULTURAL OBJECTIVE AND CULTURAL POLICIES; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its January 2001 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on April 5, 2001, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on June 5, 2001, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on June 11, 2001, for the State review pursuant to F.S.163.3184(4), and ORDINANCE NO. 2001- 028 WHEREAS, Indian River County received the Objections, Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on August 20, 2001, WHEREAS, the ORC Report contained no objections regarding this Comprehensive Plan Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on October 16, 2001, after advertising pursuant to F.S.163.3184(15)(b); NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendment to the Comprehensive Plan Objective 11 and Policy 11.1 are replaced by a new Objective 11 and new Policies 11.1 through 11.6 of the Recreation and Open Space Element of the Comprehensive Plan, as shown on Attachment A. All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. ORDINANCE NO, 2001- 028 SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 3' day of October, 2001, for a public hearing to be held on the 16d' day of October, 2001, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Stanbridge and adopted by the following vote: Chairman Caroline D. Ginn Vice -Chairman Ruth M. Stanbridge Commissioner Fran B. Adams Commissioner Kenneth R. Macht Commissioner John W. Tippin BOARD .OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY': P 3 'n i. BY: Caroline D "Ginn, Ch . rinan :',• ATTEST.B9... Jeffrey�.K Barton, Clerk 3 ORDINANCE NO, 2001-028 TL Acknowledgment by the Department of State of the State of Florida this day of ©U , 2001 Acknowledgment from the Department of State received on this (qday of, 2001, at A.M.Q. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Robert M. Keating, AICP Community Development f:\cd\u\jw\cpta\jan01 \ci cultural\ord.wpd ORDINANCE NO, 2001- 028 OBJECTIVE 11: Arts and Cultural Programs By 2005, the number of activities and events sponsored each year by Indian River County cultural organizations will exceed by 20% the number of activities and events sponsored in 2001. The number of activities in 2001 will be identified in a report titled "America for the Arts Economic Impact Study" to be published in 2002. "The National Taxonomy of Exempt Entities Manual" (TNTEEM) or other appropriate sources shall be used to define cultural organizations. Policy 11.1 The County shall support The County may support cultural activities events by allowing the use of County facilities by providing inconsistent financial support through when appropriate and tax Tourist Development needs. tourist revenue and the Council, Policy 11.2 The County shall support cultural organizations' (as defined by TNTEEM or other appropriate sources) applications for state, federal, and private foundation grants. The County's support may include providing customized demographic information, leveraging the County's grant eligibility, providing letters of support, and providing other support as needed. Policy 11.3 The County shall consider arts and cultural activity funding requests only for organizations (as defined by TNTEEM or other appropriate sources) that submit the following information to the County Budget Office: • detailed information about the organization's accomplishments during the last fiscal year, specifically as related to funding received from the County; • detailed budget information pertaining to any funds that the organization is requesting; • the organization's proposed goals and activities for the upcoming fiscal year; and • a copy of the organization's most recent audit, if applicable. Policy 11.4 The County shall support cultural programs and events by allowing the use of County facilities of inconsistent Commissioners will annually pass a resolution recognizing when appropriate and not with County needs. Policy 11.6 The County shall support the sale of the State of the Arts license plates through the distribution of flyers, and posters in license tag offices. Policy 11.5 The Board of County Commissioners will annually pass a resolution recognizing Policy 11.6 The County shall support the sale of the State of the Arts license plates through the distribution of flyers, and posters in license tag offices.