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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 Page 1 of 2 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 ~-:' " ~., ~"- .......~t~~;:.,:. ."-: ". BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ... .8 ., " t.lt. '~:'Ct\.I~liy Clerk slQi!atri,lool, ~~ By: TOM HENNING, CHAIRMA Approved as to form and legal sufficiency: By: Je E right Ass ant County Attorney Page 2 of 2