that on May 30, 2019, the District issued an Order Granting Petition for Variance under Section 120.542, Florida Statutes, (SFWMD 2019-042-DAO-ERP) to WSR Naples Square Commercial, LLC (WSR) concerning a project known as The Shoppes at Naples Square,...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

The South Florida Water Management District (District) hereby gives notice: that on May 30, 2019, the District issued an Order Granting Petition for Variance under Section 120.542, Florida Statutes, (SFWMD 2019-042-DAO-ERP) to WSR Naples Square Commercial, LLC (WSR) concerning a project known as The Shoppes at Naples Square, located in Collier County; Section 3, Township 50 South, Range 25 East. The Petition for Variance (Application No. 180814-14) was received by the SFWMD on August 14, 2018. Notice of receipt of the Petition was published in the Florida Administrative Register, Vol. 44, Number 166, on August 24, 2018. No public comment was received. On March 4, 2019, WSR provided all requested additional information. This Order provides a variance for the proposed construction of a mixed-use development that includes six commercial buildings with minimum finished floor elevations below the Federal Emergency Management Agency (FEMA) Federal Flood Insurance Rate Maps (FIRMS) designated base flood elevation which is 8.0´ NAVD. The particular criterion from which the variance is sought is found at Section 3.4 of the Environmental Resource Permit Applicant’s Handbook Volume II for Use Within the Geographic Limits of the South Florida Water Management District, effective May 22, 2016, which is incorporated by reference in paragraph 40E-4.091(1)(a) and Chapter 62-330, Fla. Admin. Code, pertaining to minimum finished floor elevations. This criterion provides, in general, that minimum finished floor elevations be at or above the 100-year flood stages, as determined from the most appropriate information, including FEMA FIRMs. The Order sets forth the basis of the SFWMD decision to grant the variance, as follows: 1) the variance is necessary to prevent a substantial hardship on WSR; and 2) the purpose of the underlying rule has been achieved by other means.

A copy of the Order or additional information may be obtained by contacting: the Regulation Division during the normal business hours of 8:00 a.m. – 5:00 p.m., Monday through Friday, except legal holidays, at 3301 Gun Club Road, West Palm Beach, FL 33406; by telephone: [phone]; by email: [e-mail] or by accessing the District's website (www.sfwmd.gov) using the Application/Permit Search on the ePermitting page.