Resolution 2008-205
RESOLUTION NO. 08 _ 205
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, DIRECTING THE COUNTY MANAGER TO INVOKE ARTICLE I,
CHAPTER 38, SEC. 38-7, OF THE CODE OF LAWS AND ORDINANCES, "POST-
DISASTER RECOVERY / DETERMINATION OF DAMAGE, BUILDBACK POLICY,
MORATORIA, EMERGENCY REPAIRS, AND EMERGENCY PERMITTING SYSTEM,"
AND BY DOING SO ALLOW FOR THE REPAIR AND REPLACEMENT OF ANY AND
ALL STUCTURES IN THE IMMOKALEE FARMER'S MARKET DAMAGED BY
HURRICANE WILMA
WHEREAS, because Hurricane Wilma posed a serious threat to the lives and
property of the residents of Collier County, on October 20, 2005 the Board of County
Commissioners ("Board") adopted Proclamation/Resolution Number 05-363, which
declared a local State of Emergency, effective immediately for all territories in the
incorporated and unincorporated areas of Collier County; and
WHEREAS, because Hurricane Wilma caused extensive damage to public
utilities, public buildings, public communication systems, public streets and roads, public
drainage systems, and commercial and residential buildings, the Board adopted
Proclamation/Resolution Number 05-367 on October 25, 2005, which extended the local
State of Emergency to November 1, 2005; and
WHEREAS, due to the extensive damage, the Board recognized that the citizens
of Collier County were in need of timely repairing and restoring of those structures and
buildings which were damaged by Hurricane Wilma; and
WHEREAS, the Farmer's Market in Immokalee is owned and operated by the
State of Florida Department of Agriculture; and
WHEREAS, as a result of Hurricane Wilma, the Farmer's Market suffered severe
damage; and
WHEREAS, due to delays involving Federal Emergency Management
Administration of the Department of Homeland Security, the Farmer's Market to date has
not yet received expected federal funds to make repairs as a result of Hurricane Wilma;
and
WHEREAS, in order for the Department of Agriculture to be able to benefit by
Collier County's Buildback Policy set forth in County Ordinance No. 2006-35, commonly
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referred to as the Post-Disaster Recovery Ordinance (codified at Section 38-1, et seq., of
the Code of Laws and Ordinances), the County's Buildback Policy must be activated.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTYL FLORIDA, that:
Structures within the area identified as the Immokalee Farmer's Market were
damaged or destroyed by Hurricane Wilma and may be reconstructed, but only in
accordance with the legally documented actual use, density, size, style, and type of
construction including square footage existing at the time of destruction, thereby allowing
such structures to be rebuilt or replaced to the size, style, and type of original
construction, including original square footage; provided, however, that the affected
structure, as rebuilt or replaced, complies with all applicable federal, state and local
regulations. Damaged structures shall not be reconstructed at a more intense use than
originally permitted by the Growth Management Plan, and no redevelopment at a more
intense use shall be permitted unless appropriate zoning, development review, building
permit, and other applicable land development approvals are granted through the normal
processes as set forth in the Land Development Code.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution is adopted after motion, second and majority vote favoring
~
adoption thisaa" day of July, 2008.
ATTI;:~Tl\1;ji' .
DI(V[GHT.'t:,.BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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" t.lt. '~:'Ct\.I~liy Clerk
slQi!atri,lool,
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By:
TOM HENNING, CHAIRMA
Approved as to form and legal sufficiency:
By:
Je E right
Ass ant County Attorney
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