Agenda 07/22/2008 Item #16A18Agenda Item No. 16A18
July 22, 2008
Page 1 of 6
EXECUTIVE SUMMARY
Request that the Board of County Commissioners (Board) approve a resolution to direct
the County Manager or his designee to invoke Article I, Chapter 38, See. 38 -7, of the Code
of Laws and Ordinances, "Post- Disaster Recover / Determination of Damage, Build -back
Policy, Moratoria, Emergency Repairs, and Emergency Permitting System," and by doing
so allow for the repair and replacement of damage to all structures in the Immokalee
Farmers' Market damaged by Hurricane Wilma
That the Board approve the attached resolution to direct the County Manager or his designee to
invoke Article I, Chapter 38, Sec. 38 -7, of the Code of Laws and Ordinances, "Post- Disaster
Recover /Determination of Damage, Build -back Policy, Moratoria, Emergency Repairs, and
Emergency Permitting System," and by doing so allow for the repair of the damage or
replacement of structures to the structures in the Immokalee Farmers' Market damaged by
Hurricane Wilma.
CONSIDERATIONS:
On October 20, 2005, the Board of County Commissioners (`Board ") adopted
Proclamation/Resolution Number 05 -363, which declared a local State of Emergency for the
incorporated and unincorporated areas of Collier County due to the impacts of Hurricane Wilma
and subsequently extended the State of Emergency to November 1, 2005,
Proclamation/Resolution Number 05 -367 on October 25, 2005. Several structures within the
area referred to as the Farmers' Market sustained severe damage. Delays in securing federal
grants from the Federal Emergency Management Administration of the Department of Homeland
Security have essentially delayed repairs to several of the damaged structures. Tenants of the
buildings have now secured the funding needed to repair and reconstruct the damaged structures;
however, the grants will not cover the costs of the required site development improvements as
specified in the Land Development Code; improvements such as landscaping, perimeter
buffering, lighting improvements, setbacks, and preservation requirements, etc.
The representatives of the Immokalee Community Redevelopment Agency Advisory Board in
cooperation with the Department of Agriculture is asking that the Board invoke the provisions of
the Post- Disaster Recovery Ordinance (codified at Section 38 -1, et seq., of the Code of Laws and
Ordinances), to essentially allow the build -back of the structures. The Farmers' Market
considered to be a critical economic center of Immokalee and the Board by invoking the build -
back policy is limiting improvements only to 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. The Board by approving the repairs is not
waving any of the applicable federal and state permitting requirements and is directing that all
repairs and/or reconstruction be in compliance with the Florida Building Codes in effect at the
Agenda Item No. 16A18
July 22, 2008
Page 2 of 6
time of permitting. The applicant agrees to submit an updated Site Improvement Plan (SIP) to
accurately define all existing structures, infrastructure and tract boundaries.
The 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 is allowed 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.
FISCAL IMPACT:
All applicable fees related to the plan review and permitting will be paid by the applicant.
GROWTH MANAGEMENT IMPACT:
This request has no Growth Management Impact.
LEGAL CONSIDERATIONS:
This item has been reviewed for legal sufficiency and is legally sufficient for Board action. -JW
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approved the attached resolution.
PREPARED BY:
Joseph K. Schmitt, Administrator, CDES
2
Agenda Item No. 16A18
July 22, 2008
Page 3 of 6
RESOLUTION NO. 08 -
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, 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 received the federal funds due it 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
_. 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.
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Agenda Item No. 16A18
July 22, 2008
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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 this _day of July, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Bv:
Approved as to form and legal sufficiency:
En
Marjorie M. Student - Stirling
Assistant County Attorney
Tom Henning, Chairman
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Agenda Item No. 16A18
July 22, 2008
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A18
Item Summary:
Request that the Board of County Commissioners (Board)
approves a resolution to direct the
County Manager or his designee to invoke Article L
Chapter 38, Sec. 38 -7.. of the Code of
Laws and Ordinances, Post- Disaster Recover / Determination
of Damage, Build -back Policy,
Moratoria. Emergency Repairs, and Emergency Permitting
System.. and by doing so allow for
the repair and replacement of damage to all structures
in the Immokalee Farmers Market
damaged by Hurricane Wilma.
Meeting Date:
7/22/2008 9:00:00 AM
Prepared By
Community Development &
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development 8
71141200810:12:39 AM
Environmental Services
Environmental Services Admin.
Approved By
Community Development &
Joseph K. Schmitt
Environmental Services Administrator
Date
Community Development &
Community Development 8
7114!2008 1:30 PM
Environmental Services
Environmental Services Admin.
Approved By
Penny Phillippi
Immokalee, CRA
Date
BCC
County Redevelopment Agency
7114(2008 4:55 PM
Approved By
Judy Ping
Operations Analyst
Date
Community Development &
Community Development &
711412008 5:15 PM
Environmental Services
Environmental Services Admin.
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
711412008 5:37 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/15/2008 9:49 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/15/2008 9:53 AM
--- Approved By
James V. Mudd
County Manager
Date
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Agenda Item No. 16A18
July 22, 2008
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Board of County
County Manager's Office 711512008 3:23 PM
Commissioners
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