Central Planning Authority
Minutes for a meeting of the Central Planning Authority held on April 15, 2009 at 10:30
a.m. in the Conference Room, 1st Floor, Regatta Office Park – Leeward One.
10th Meeting of the Year CPA/10/09
Mr. Dalkeith Bothwell (Chairman)
Mr. Darrell Ebanks (except 2.3, 2.11 and 2.12)
Mr. Ernley Hurlstone (absent)
Mr. Ray Hydes (except 2.13)
Mr. Arek Joseph (except 2.9 and 2.24)
Mr. Trent McCoy
Mr. Rex Miller (apologies)
Mr. Arden Parsons (apologies)
Mr. Eldon Rankin
Mr. Owen Rankine (except 2.25)
Mr. Robert Watler (except 2.16)
Mr. Fred Whittaker
Mr. Kenneth Ebanks (Executive Secretary)
Mr. Ron Sanderson (Assistant Director of Planning (CP))
1. Confirmation of Minutes
2. Applications
3. Enforcements
4. Development Plan Matters
5. Planning Appeal Matters
6. Matters from the Director of Planning
7. Matters from the Chairman
8. CPA Members Information/Discussions
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List of Applications Presented at CPA/10/09
1. 1 Confirmation of Minutes of CPA/09/09 held on April 1, 2009. ......................... 4
2. 1 MARILYN NASIRUN Block 66A Parcel 78 (F02-0221) (P08-1137) ($6,840)
(DE) ........................................................................................................................ 5
2. 2 JEANNIE D EBANKS Block 4C Parcel 349 (F00-0353) (P09-0142) ($207,025)
(DE) ........................................................................................................................ 8
2. 3 WESLEY LALOR Block 24E Parcel 339 (F05-0515) (P09-0080) (P09-0087)
($4,388,500) (BES) .............................................................................................. 12
2. 4 PRENTICE PANTON Block 57E Parcel 115 (F09-0038) (P09-0149) ($250,000)
(KB) ..................................................................................................................... 24
2. 5 COMMONWEALTH GROUP LTD Block 10E Parcel 43 (FA83-0043) (P09-
0195) (P09-0196) (P09-0197) ($1,000,000) (KB) ............................................... 32
2. 6 SAMUEL R & LILLIAN C BANKS Block 20C Parcel 77 (F00-0252) (P09-
0170) (BES) ......................................................................................................... 39
2. 7 MAYA II LTD Block 20B Parcel 83 (F07-0151) (P07-0280) ($10,000,000)
(BES) .................................................................................................................... 41
2. 8 JENNY MANDERSON Block 4E Parcel 179 (F09-0061) (P09-0244) ($2,500)
(BES) .................................................................................................................... 49
2. 9 TORTUGA RUM CO. Block 14C Parcel 341 (F88-0405) (P09-0223)
($125,000) (KB) ................................................................................................... 51
2. 10 HAZARD MANAGEMENT Block 20E Parcel 10 (F02-0285) (P09-0348) (KB)
........................................................................................................................... 54
2. 11 GARFIELD EWERS Block 24B Parcel 168 (F08-0083) (P09-0275) ($4,290)
(KB) ..................................................................................................................... 56
2. 12 GARFIELD EWERS Block 24B Parcel 168 (F08-0083) (P09-0342) (KB) . 57
2. 13 GERRY MANDERSON Block 15C Parcel 53 (F07-0490) (P09-0208) ($47,000)
(CS) ...................................................................................................................... 58
2. 14 GKL PROPERTIES LTD Block 14BH Parcel 167 (F07-0503) (P09-0201)
($6,000,000) (CS) ................................................................................................ 60
2. 15 HOWARD C. CAMPBELL Block 19E Parcel 87 (F08-0070) (P09-0227)
($150,000) (DE) ................................................................................................... 67
2. 16 FRANK HALL HOLDINGS Block 25C Parcel 1 (FA89-0086) (P09-0167)
(FA89-0086) ($20,000) (CS) ............................................................................... 73
2. 17 NEW COCONUT HARBOUR LTD Block 6D Parcel 60 (F05-0124) (P09-
0280) ($945,004) (CS) ......................................................................................... 78
2. 18 SPANISH CONSULATE Block 19E Parcel 195 (F98-0274) (P09-0274) ($750)
(KB) ..................................................................................................................... 80
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2. 19 RONALD W PARCHMENT Block 4E Parcel 186 (FA95-0031) (P09-0265)
($3,706) (BES) ..................................................................................................... 81
2. 20 UCO & SYBIL WAGNER Block 1D Parcel 34 (F08-0294) (P09-0281)
($500,000) (BES) ................................................................................................. 83
2. 21 OSGOOD & LINDA CHRISTIAN Block 72C Parcel 123 (F06-0458) (P09-
0268) ($7,525) (DE) ............................................................................................. 84
2. 22 POWER OF FAITH DELIVERANCE MINISTRY Block 13D Parcel 255
(FA91-0027) (P09-0254) ($10,000) (DE) ............................................................ 86
2. 23 JOHN MICHAEL & ZOE FOSTER Block 15C Parcel 99 (F03-0070) (P09-
0339) (DE) ........................................................................................................... 87
2. 24 DR. STEVE TOMLINSON Block 14E Parcel 249 (F87-0198) (P09-0344)
($25,000) (KB) ..................................................................................................... 89
2. 25 ALFONSO RANKINE Block 76B Parcel 2 Rem 3 (F96-0395) (P09-0152)
($164,498) (CS) ................................................................................................... 91
2. 26 ANDREAS UGLAND Block 1C Parcel 80 (F04-0182) (P09-0258) (CS) ..... 92
2. 27 SALT CREEK VENTURES LTD. Block 10E Parcel 60 H24 (F06-0044) (P09-
0332) ($3,200,000) (CS) ...................................................................................... 93
4. 01 PACKAGE OF MODIFICATIONS ............................................................ 95
6. 1 WEST BAY HERITAGE PARK ...................................................................... 95
6. 2 NOTIFICATION RADIUS ................................Error! Bookmark not defined.
6. 3 BILLBOARD SIGN INQUIRY .........................Error! Bookmark not defined.
6. 4 BUILDING DESIGN ..........................................Error! Bookmark not defined.
6. 5 NEW ENFORCEMENT OFFICER .................Error! Bookmark not defined.
6. 6 DRAGON BAY ...............................................Error! Bookmark not defined.
7. 1 ORIENTATION FOR NEW CPA MEMBERS Error! Bookmark not
defined.
7. 2 SIGNAGE AT MAJOR ROADS .......................Error! Bookmark not defined.
8. 1 SEWAGE TREATMENT PLANTS FOR HOUSES ON CANALS ............. 96
8. 2 IMPROVED AGENCY COMMENT RESPONSE TIME Error! Bookmark
not defined.
8. 3 ILLEGAL DEVELOPMENT ............................Error! Bookmark not defined.
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APPLICANTS THAT APPEARED BEFORE THE CENTRAL PLANNING AUTHORITY
APPLICANT NAME TIME ITEM PAGE
MARILYN NASIRUN 11:00 2.1 5
JEANNIE D EBANKS 11:20 2.2 8
WESLEY LALOR 1:00 2.3 12
PRENTICE PANTON 1:20 2.4 24
COMMONWEALTH GROUP LTD 1:40 2.5 32
1.0 CONFIRMATION OF MINUTES
1. 1 Confirmation of Minutes of CPA/09/09 held on April 1, 2009.
Moved: Ray Hydes
Seconded: Eldon Rankin
Confirmed
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2.0 APPLICATIONS
APPEARANCES (Items 2. 1 TO 2. 5)
2. 1 MARILYN NASIRUN Block 66A Parcel 78 (F02-0221) (P08-1137) ($6,840)
(DE)
Application for a three (3) lot subdivision.
An appearance was scheduled for 11:00am. The applicant was present and
available for the meeting, but the objector was not present.
FACTS
Location Off High Rock Road, East End
Zoning A/R
Notice Requirements Objectors
Advertisments NA
Parcel Size 3.0 acres
Current Use Vacant and House
Proposed Use Subdivision
BACKGROUND
November 19, 2008 (CPA/36/08: Item 2.1) - It was resolved to adjourn the
application, for the following reasons:
1. The applicant must provide a copy of the signed documentation submitted to
the Registrar of Lands to obtain a 30' vehicular easement over Block 66A
Parcels 95, 103 and 111.
2. The applicant must provide a copy of the signed documentation submitted to
the Registrar of Lands to obtain a 15' vehicular easement along the easterly
property boundary of Block 66A Parcel 79.
3. The applicant shall submit a revised subdivision plan showing the existing
right-of-way through the subject lands as a separate 30' wide road parcel.
Decision: It was resolved to adjourn the application and re-invite the applicant
and objector to appear before the Authority to discuss the application.
AGENCY COMMENTS
Comments from the Water Authority and National Roads Authority are noted
below.
Water Authority
"Please be advised that the Water Authority's requirements for this development
are as follows:
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Water Supply:
Please be advised that the proposed development site is located within the Water
Authority's piped water supply area.
The developer is required to notify the Water Authority's Engineering Services
at 949-6352, without delay, to be advised of the site-specific requirements for
connection.
The developer is required to provide the water-supply infrastructure, specified
by the Authority, within the site.
The developer shall submit plans for the installation of the specified
infrastructure to the Authority for approval.
The site's water-supply infrastructure shall be installed to the Authority's
specifications, under the Authority's supervision. Copies of the Authority's
specifications are available at the Water Authority's office on Red Gate Road.
The developer's request to have the development connected to the Water
Authority's public water system will be acted upon after the site's water-
supply infrastructure has been installed in accordance with the WAC
specifications, and passed specified tests.
The Authority shall not be held responsible for delays and/or additional costs
incurred by the developer due to the developer's failure to provide sufficient
notice to the Authority.
Wastewater Treatment:
Please be advised that plans for built development in strata subdivisions are
subject to review by the Water Authority in respect of wastewater treatment
and disposal requirements.”
National Roads Authority
"The fifteen (15) ft easement is satisfactory as a mean of access for agricultural
land only but if the applicant or future land owner wishes to develop these parcels
as multifamily lots, the fifteen (15) ft private easement is too narrow and will need
to be upgraded.
The applicant should provide a thirty (30) ft road parcel that extends through lot
3 (just like Block 66A Parcel 103) along the existing private ROW."
LETTER FROM APPLICANT
“In regards to section 2 of the adjournment letter dated November 24, 2008, our
clients is working with NRA to secure the 15' right of way over the Crown owned
Parcel 79, but seeing as NRA has no objection to the proposed 15' right of way
over the subject parcel, we ask that this be removed as adjournment request.
Please see attached NRA Letter as noted above in the agency comment.
OBJECTIONS
"New hut farm Ltd. owners of the parcels of lands as noted in the notice of the
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application for planning permission form hereby give notice that I will be
objecting to the plan for the purposed of subdivision into 3 lots.
That a thirty (30') ft. road has not been provided for and left as a main road
free from the parcel 66A 78 before the subdivision takes place. Will this
happens before the rest of the land is subdividing.
That all the parcels do not meet the required 1 acre size that is and was
required of myself and my partner when we required planning permission.
That only 15 ft driveway is shown when we were required to have 30 ft.
That no permission has been granted or access over Block 66A parcel 103 &
11. Has been giving.
I reserve the right to add if there is other information that may arise that is not
shown on this plan."
PLANNING DEPARTMENT ANALYSIS
The applicant is requesting permission to subdivide Block 66A Parcel 78 into
three (3) lots.
Lot Size
The minimum lot size requirement for the Agriculture/Residential "A/R" zone per
Regulation 21 is one per acre.
Proposed Lots 2 and 3 are proposed to be 1 acre (43,560 sq. ft.), but Lot 1 is only
15,222 sq. ft (0.34944 acre). Furthermore, the Department has a concern that
proposed Lot 3 will not meet the requirement of Regulation 21 due to an access
road that runs through the parcel at the southern boundary of the parcel. The
Department has requested that the applicant show the road as a parcel rather than
a right-of-way.
Access Road
The applicant is proposing a fifteen feet PROW on the west boundary of the
subject parcel near parcel 79. Subdividing a parcel that only has access by private
ROW is not encouraged by the Authority. The Department has recommended to
the applicant’s agent that a 30 feet minimum road parcel is required for a
subdivision.
Furthermore, the applicant has a 6’ right-of-way and a 30’ wide vehicular right-
of-way over the existing ROW 68A 85 as indicated on the Registry Map. The
applicant does not have legal road access over Block 66A Parcels 103, 111, and
95. Therefore, the Department recommends that the applicant seek a proper
"Grant of Easement" or "road access" from the registered landowners of those
parcels.
SUPPLEMENTARY COMMENTS
The applicant is now seeking agreement from the Authority to delete reason #2
for adjourning the application which requires the applicant to provide a copy of
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the signed documentation submitted to the Registrar of Lands to obtain a 15'
vehicular easement along the easterly property boundary of Block 66A Parcel 79.
2. 2 JEANNIE D EBANKS Block 4C Parcel 349 (F00-0353) (P09-0142) ($207,025)
(DE)
Application for after-the-fact house additions, after-the-fact 6' 7” concrete wall
and after-the-fact swimming pool and pool deck.
Appearance at 11:20
FACTS
Location Off Marl Crescent Road
Zoning HDR
Notice Requirements Objectors
Advertisments NA
Parcel Size .1300 acres
Current Use House
Proposed Use Same
Building Size 1,183 sq. ft.
Building Coverage 23%
Total Site Coverage 23%
Existing Parking 2
Proposed Parking 1
Required Parking 1
BACKGROUND
Subsequent to a complaint on March 26, 2008, the Department conducted a site
visit and the site visit revealed the illegal construction of a carport and house
addition, the erection of a wooden picket fence which over the 3' 6" in height and
swimming pool.
A warning letter was sent via registered mail on March 28, 2008.
Decision: It was resolved to adjourn the application, for the following reasons:
1. A registered fixed boundary survey of the subject parcel must be submitted
within 6 months of the date of this decision.
2. The applicant must submit a letter from the owner of Block 4C Parcel 348
consenting to the application.
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The applicant is reminded that the information required in the above conditions is
necessary for the Authority to be in an informed position to consider the
application. As such, submission of the requested information should not raise an
expectation for subsequent approval.
LETTER FROM APPLICANT
“I have submitted an application for a wall which exceeds the normal height of
four feet due to the amount of person using the surrounding properties as a walk
path.
I was in the process of purchasing part of my brothers (Machado A. Ebanks)
property and have it surveyed but he increased the cost from $20,000 to $30,000
which was excessive for the size. Therefore, I am unable to obtain a consent letter
from him.
Please find enclosed a consent letter from Matlee Anglin.”
LETTER OF CONSENT
Letter #1
“Please be advised that I Matlee Anglin have no objection to the addition on 4C
349 owned by Jeanie D. Ebanks.”
Letter #2
“I, Denton Small have no objection to Jeanie D. ebanks constructing a pool and a
cement wall on 4C 349 next to my property.”
OBJECTIONS
Verbal objection to the Department on several occasions and to the Director,
Kenneth Ebanks in a meeting on March 19, 2009.
PLANNING DEPARTMENT ANALYSIS
General
The application is for after-the-fact house additions, after-the-fact 6' concrete wall
and after-the-fact swimming pool and pool deck located off Marl Crescent Road.
Zoning
The property is zoned High Density Residential and while the proposed use is a
permitted use per Regulation 9 (6), the Department would offer comments on
certain specific issues addressed below.
Specific Issues
a) Setbacks
The Western boundary (side setback) is 6 feet from parcel 348 which does not
comply with the side setback requirement for the High Density Residential
zone per Regulation 9 (6) (i) which states "the minimum side setback is 10
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feet for a building of one storey". The applicant has received a consent letter
from the landowners of parcel 348.
The Northern boundary which is the front setback for the project is 2 feet from
parcel 237 which does not comply with the front setback requirement for the
High Density Residential zone per Regulation 9 (6) (h) which states "the
minimum front setbacks are 20 feet." The applicant has not received a consent
letter from the land owner of parcel 237 as that owner has verbally stated his
objection to the Department on this project on several occasions. Therefore,
the Department has invited the said parcel owner to the meeting.
The after-the-fact swimming pool and pool deck setbacks do not comply with
the CPA guideline for swimming pool and pool deck as they are situated
between 1’ and 3’ from the boundary instead of the required 20’. It is noted
though that the applicant has received a consent letter from the owners of
Parcels 154 and 155
b) Height of Fence/Wall:
The after-the-fact 6'-7" feet height wall/fence does not comply with the CPA's
guideline for fences/walls. The wall/fence is made out of concrete and wood.
The concrete portion is approximately 3'-7" in height and the picket wooden
port of the wall/fence is 3' in height.
The CPA's guidelines recommend that fences/walls be 4' high in residential
zones. However, the Department is aware of the use of the property and the
possible need for a privacy fence, however, the Department is of the opinion
that a 6'-7" wall/fence of any type is excessive and therefore would
recommend that a 4' fence be approved in this instance.
c) Lot Combination
The Department would recommend that the applicant combine parcel 59 and
349 as the applicant is also the registered landowner of parcel 59.
d) Enforcement Notice
Subsequent to a complaint on March 26, 2008, the Department conducted a
site visit and the site visit revealed the illegal construction of a carport and
house addition, the erection of a wooden picket fence which over the 3' 6" in
height and swimming pool.
A warning letter was sent via registered mail on March 28, 2008.
If the Authority refuses this application, the Department recommends that the
Authority authorize the issuance of an Enforcement Notice in accordance with
Section 18, Section 20, Section 21 and Section 22 of the Development and
Planning Law (2008 Revision).
At 11:20am, Jeannie Ebanks appeared as the applicant and Cecil Walton Jr.
as a representative. Machadow Ebanks appeared as an objector.
CPA Summarized the application and asked the applicant to present the
proposal.
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Ms. Ebanks What is there to explain?
CPA The various additions and pool are in violation of the Planning Law and
they need to explain why.
Ms. Ebanks She didn’t know they needed permission for a pool, she just asked
Mr. Small who said it was okay.
CPA The pool and deck are between 1’ and 3’ from the boundary and they need
to be 20’ at the front and rear and 10’ from the sides. They needed permission, it
doesn’t matter what type of development it is.
Mr. Walton After the pool went in they put up a wall so water would not go
onto the neighbours land. They put in a drain that goes around the property to the
front.
CPA What is the addition used for?
Mr. Walton It’s a get together room. They spoke to the neighbour about
getting some land, but he wanted money first without the land being transferred
because of a bank issue. It went bad and they didn’t continue with that.
CPA Why is the wall so high?
Mr. Walton The wall is only 4’ then they put pickets on top of it.
Ms. Ebanks It prevents kids from climbing over.
Mr. Walton The back area is not open to the public, to get to it you have to go
through doors.
CPA What is the distance from the pool to the house?
Mr. Walton It’s about 5’.
Mr. Ebanks They were to give him $60,000 and he would give the land back
with the house. There is a bank issue. He could sell 50’ of land, but he needed the
lien to be removed. They didn’t comply. The 6’ lines he talks about are on his
land. It has been disgusting behaviour. From the marks it is clear they are on his
land, a surveyor could verify this. They need to buy him parcel 302 and then they
can get this one. Or get off his property. The pipes have to go.
CPA Pipes?
Mr. Ebanks The pipes for the pool that run around the property, they are on his
land. If they want this land then buy him parcel 302.
Mr. Walton He can show where the pipes are (he referred to the plan). This
neighbour called the police while they were putting in the pipes and the police
looked at it and said they were not on his land.
CPA Has any survey been done to verify the boundaries?
Ms. Ebanks The property’s been there 50 years and the markers remain the
same.
CPA Are these proper survey markers?
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Ms. Ebanks She thought so. Also, there’s a chopped off pole.
CPA The main reason they are here is because of the after-the-fact
development. Can they respond to that issue?
Ms. Ebanks She has no job and no money for a surveyor.
CPA It’s the only way to clear it up.
Ms. Ebanks She understands that.
CPA Thanked them for attending the meeting.
2. 3 WESLEY LALOR Block 24E Parcel 339 (F05-0515) (P09-0080) (P09-0087)
($4,388,500) (BES)
Application for thirty four (34) apartments with 60-bedrooms, gym, club house
and pool.
Appearance at 1:00
Mr. Darrell Ebanks declared a conflict and left the meeting room.
FACTS
Location Bamboo Street/Omega Drive off Marina
Drive
Zoning LDR
Notice Requirements Objectors
Parcel Size 2.1110 acres
Current Use Vacant
Proposed Use Apartments
Building Size 35,108 sq. ft.
Density 16.1
Allowable Density 15
Building Coverage 24.6%
Parking Coverage 29.4%
Total Site Coverage 54%
Proposed Handicapped Spaces 4
Proposed Parking 84
Required Handicapped Spaces 4
Required Parking 51
Number of Units 34
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BACKGROUND
March 22, 2006 (CPA/09/06; Item 2.36) - The Authority granted planning
permission for apartments and pools with conditions.
April 1, 2009 (CPA/09/09; Item 2.2) – The Authority adjourned the current
application as the applicant did not attend the scheduled meeting.
Decision: It was resolved to adjourn the application, for the following reasons:
1. The applicant must submit revised plans showing the project reduced in scale
by 2 apartments and 4 bedrooms.
2. The applicant must submit a site plan showing the solid waste enclosures
located as approved by the Department of Environmental Health.
3. The applicant must submit a revised site plan showing the columns relocated
so as to allow for sidewalks that are not obstructed at their terminus and to
allow for 15’ driveway turning radii.
AGENCY COMMENTS
Comments from the Chief Environmental Health Officer, Chief Fire Officer,
National Roads Authority and Building Control Unit are noted below.
Chief Environmental Health Officer
“The following comments are submitted with respect to the above application:
1. Pool details and calculations must be submitted
2. The entrance angle on Omega Dr need to be opened (inside radius of 33 and
outside radius of 45)
3. The angle where the first dumpster is located need to be widened a small
amount as well.”
Chief Fire Officer
“The CFO has approved the site layout.”
National Roads Authority
“As per your memo dated February 10th, 2009 the NRA has reviewed the above-
mentioned planning proposal. Please find below our comments and
recommendations based on the site plan provided.
Road Capacity Issues
The traffic demand to be generated by a residential development of thirty four
(34) multi-family units can easily be determined. Assuming a worst case traffic
generation scenario, the proposed development is being reviewed as an
apartment complex project in accordance to ITE Code 220. Thus, the assumed
average trip rates per dwelling unit provided by ITE for estimating the daily, AM
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and PM peak hour trips are 6.63, 0.51 and 0.62 respectively. The anticipated
traffic to be added onto Omega Drive, Bamboo Street and Whirlwind Drive is as
follows:
Expected AM Peak PM Peak
Daily Trip Hour Total AM Peak AM Peak Hour Total PM Peak PM Peak
Traffic 16% In 84% Out Traffic 67% In 33% Out
225 17 3 14 21 14 7
Based on these estimates, the impact of the proposed development onto Omega
Drive, Bamboo Street and Whirlwind Drive is considered to be minimal.
Access and Traffic Management Issues
Please have applicant provide a fifteen (15)ft truncation at the intersection of
Omega Drive and Bamboo Street.
Driveway aisles shall be a minimum of twenty-two (22) ft wide with entrance and
exit curves having no less than fifteen (15) feet radius curves. One-way driveway
aisles shall be a minimum of twelve (12) to sixteen (16) ft wide. Please have
applicant provide proper signage and road markings indicating the use of a
combined two-way/one-way system on site.
A six (6) foot sidewalk shall be constructed along Omega Drive, Bamboo Street
and Whirlwind Drive, within the property boundaries, to NRA standards.
Stormwater Management Issues
The applicant is encouraged to implement state-of-the-art techniques that manage
stormwater runoff within the subject parcel and retain existing drainage
characteristics of the site as much as is feasible through innovative design and
use of alternative construction techniques. However, it is critical that the
development be designed so that post-development stormwater runoff is no worst
than pre-development runoff. To that effect, the following requirements should be
observed:
The applicant shall demonstrate, prior to the issuance of any Building
Permits, that the Stormwater Management system is designed to embrace
storm water runoff produced from a rainfall intensity of 2 inches per hour for
one hour of duration and ensure that surrounding properties and/or nearby
roads are not subject to stormwater runoff from the subject site.
The stormwater management plan shall include spot levels (existing and
finished levels) with details of the overall runoff scheme. Please have
applicant provide this information prior to the issuance of a building permit.
Construct a gentle 'hump' at the entrance (along the entire width of all three
(3) driveways) in order to prevent stormwater runoff from and onto Omega
Drive, Bamboo Street and Whirlwind Drive.
Curbing is required for the parking areas to control stormwater runoff.
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Roof water runoff should not drain freely over the parking area or unto
surrounding property. Note that unconnected downspouts are not acceptable.
We recommend piped connection to catch basins in or near the parking lot. If
catch basins are to be networked, please have applicant to provide locations
of such wells along with details of depth and diameter prior to the issuance of
any Building Permits.
At the inspection stage for obtaining a Certificate of Occupancy, the applicant
shall demonstrate that the installed system will perform to the standard given.
The National Roads Authority wishes to bring to the attention of the Planning
Department that non-compliance with the above-noted stormwater requirements
would cause a road encroachment under Section 16 (g)of The Roads
(Amendment) Law, 2004 (Law 11 of 2004). For the purpose of this Law, Section
16(g) defines encroachment on a road as
"any artificial canal, conduit, pipe or raised structure from which any water or
other liquid escapes on to any road which would not but for the existence of such
canal, conduit, pipe or raised structure have done so, whether or not such canal,
conduit, pipe or raised structure adjoins the said road;"
Failure in meeting these requirements will require immediate remedial measures
from the applicant.”
Building Control Unit
“Please see the below comments for Building Control Unit internal review:
1) BCU internal recommendation is to approve the project however; the
requirements for multiple structures on the same parcel must be address prior
to BCU submission.
The policy statement states, if the separation distance between the exterior,
adjacent, facing walls of dwelling units is less than 10ft. then both facing walls
must be fire rated. Also, any openings in these facing walls must also be fire
rated.”
LETTER FROM APPLICANT
“On behalf of our client, we would like to ask for a number of units variance for a
proposed apartment located on Block 24E Parcel 339. The lot is 2.11 acres
(91,911.6 sq ft).
Our client had an approval for 28 apartments with 56 bedrooms dated on March
22, 2006 but unfortunately he hadn't had the chance to push through with it for
personal reasons.
We are aware of the number of the bedrooms and apartments he has is more than
the regulation Permit but due to the large demand of people, especially young
Caymanian who are seeking an affordable housing option that they can own.
We would like for you to take in consideration that in the recent past, CPA has
granted permission for apartment that has approximately 20% over the Limit.
These projects were located on Crewe Road and Prospect. His Request is for a
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9.7% increase in Apartments (3 more than regulation) and a 17.6% increase in
bedrooms (9 more than regulation) He is not requesting any other variances for
his proposed project.”
OBJECTIONS
Letter #1
“I acknowledge the receipt by registered mail dated 3 rd February 2009 of a notice
advising that an application for planning permission had been made by Tropical
Home Designs on behalf of the owners Wesley and Shervette Lalor on Block 24E
Parcel #339 to build 34 unit apartments, etc.
I am the resident owner of land registered as Block 24E Parfcel #265 on which
has been built our dwelling house and garage. It faces the proposed development
on Block 24E Parcel #339 on the opposite side of Bamboo Street, George Town.
It is noted that “Land Zoning” provided for the development of the Parcel #339
on the basis of “Low Density Residential”. I therefore have no objection to
development within this criteria but I do respectfully object to any development
beyond it.
On the fact set out on the afore mentioned application the proposed 34 unit
apartments if approved and, worse if built, would exceed the existing “Land
Zoning” ratio of units to land area for “Low Density Residential”, and therefore
should not be granted planning permission. The application could be for fewer
units and thus satisfy this vital criterion.
Parcel #339 covering about 2.11 acres ablong shape has been enclosed by a very
smart 6 feet high wooden fence painted white on its sides facing Windward Drive,
Bamboo Street and Omega Drive. The fence in Windward Drive has been taken
down. Moreover, a handsome 4 feet high boundary wall of concrete blocks faced
with cement supported at regular intervals with 5 feet turrets has been
constructed behind the fence. This wall has only two entrance/exist to the said
parcel, one is in Omega Drive, the other in Windward Drive. There is no access
onto said parcel from Bamboo Street. I strongly urge that the said plan showing
a wide entrance/exit to and from the said parcel virtually opposite my house not
be granted on the grounds that there is ample access to it from Windward Drive
and Omega Drive.
The application proposes to provide regular parking spaces for 84 vehicles. It is
not unrealistic to suppose that all these spaces will be occupied and to anticipate
such a volume of traffic to use an entrance/exit to and from Bamboo Street if
approved. There would be a likelihood of road safety problems arising, which
could be prevented by denying its use. Displayed on the white wooden fence are
two very attractive paintings advertising “Town Houses Wes La Sher Tele Fax
947-8720 cell 916-5389”. These paintings give an artists impression as to how
the said parcel will look when the houses have been built, gardens laid, trees
planted and parking spaces provided. The boundary will is completed on the
road sides. There is no access from Bamboo Street as the wall stands. A careful
scrutiny of these indentical paintings leads me to the conclusion that the
16
development envisioned by the artist, presumably on hard fact plans, was for only
28 units, a number well within the criterion for “Low Density Residential”. The
said application is for 34 units are about 21.4% denser, and thereby placing it
outside the restrictive criterion of “Low Density Residential”.
I hardly need to emphasize that I would have no objection to an application for
the perfectly resonable number of 28 units of up market town houses provided
there is no vehicular access between the said parcel and Bamboo Street.”
Letter #2
“I acknowledge the receipt by registered mail dated 3rd February 2009 of a notice
advising that an application for planning permission had been made by Tropical
Home Designs on behalf of the owners Wesley and Shervette Lalor on Block 24E
Parcel #339 to build 34 unit apartments, pool, clubhouse and gym.
Together with my sister Moira Handford, I am the resident owner of land
registered as Block 24E Parcel #265 on which our house and garage. It is in
juxtaposition with the proposed development on Block 24E Parcel #339 across
the street.
I have no objection to development of this parcel within the criterion of ‘Low
Density Residential’ but I do object to any development beyond it. It does appear
that the development, if undertaken, would be at a higher and therefore
unacceptable density.
I do therefore formally object to the application and also any vehicular access
from the parcel into Bamboo Street and vice versa. This would pose a hazard to
road users which can be avoided now.
I have read and agree with the contents of my sister Moira Handford’s letter of
even date.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for a 35,108 square foot, two-storey apartment, gym, club
house and pool. The site is located on Bamboo Street/Omega Drive off Marina
Drive. As depicted on the floor plans, the proposal would consist of five
apartment buildings.
Major Development Application
Pursuant to Section 6 of the Development and Planning Law (2005 Revision), the
Central Planning Authority has the responsibility of reviewing major development
applications with respect to: a) the potential impact on the Island's infrastructure;
and b) other issues of national importance. The subject application qualifies as a
major application with respect to Section 6 (2) (a). Accordingly, the Authority
must review this application with specific consideration given to Sections 6 (1),
(3), (4), (5), (6) and Section 7. The following outline has been formulated to
assist the Authority in reviewing the application with respect to the
17
aforementioned sections of the Law. The Department has included responses for
each section of the Law for the Authority's consideration.
Sec 6 (1) (a) Considered the likely impact of the proposed development on the
infrastructure of the Islands as well as on the educational, social, medical and
other aspects of life in the Islands and found that:
Response: Other than additional traffic, NRA has indicated that the impacts
would be minimal onto Bamboo Street.
Sec 6 (1) (b) Considered whether there are other issues of national importance
which are relevant to the determination of the application for development and
require evaluation and found that:
Response: There are no other such aspects.
Sec 6 (1) (c) Considered whether there are technical or scientific aspects of the
proposed development which are of so unfamiliar a character as to jeopardise a
proper determination of the question unless there is a special inquiry for the
purpose and found that:
Response: There are no such aspects.
Sec 6 (1) (d) Identified and investigated the considerations relevant to, or the
technical and scientific aspects of, the proposed development which in the opinion
of the Authority were relevant to the question whether the application should be
approved and found that:
Response: There are no such aspects identified in 6(1)(c) that need to be
investigated.
Sec 6 (1) (e) Assessed the importance to be attached to those considerations or
aspects and found that:
Response: There are no considerations to be assessed.
Sec 6 (3) The Chairman informed the Authority that the Law gave the Authority
the discretion whether to permit the applicant for planning permission an
opportunity to appear before the Authority and to be heard by five or more
Members of the Authority and decided that:
Response: Both the applicant and objectors are scheduled to address the
Authority.
Sec 6 (4) The Authority considered whether the development proposed in the
application should instead be carried out at an alternative site and found that:
Response: The Authority concluded that the site was suitable for the proposed
development.
Sec 6 (5) The Authority noted that it may arrange for the carrying out of research
of any kind appearing to it to be relevant to an application referred to it and
decided that:
Response: No additional research is necessary based on the consideration given
to items 6(1)(a-e).
18
Sec 6 (6) The Authority noted that it may hold an inquiry, if it thinks it necessary,
for the proper discharge of its functions and decided that:
Response: An inquiry is deemed not necessary.
Sec 7 The Authority noted that it shall, to the greatest possible extent consistent
with its duties under the Law, consult with departments and agencies of the
Government having duties or having aims or objects related to those of the
Authority and decided that:
Response: The Authority considered and took into account the agency reports
presented thus far.
Development Plan
The application is in general conformity with the provisions of The Development
Plan 1997.
Zoning
The property is zoned Low Density Residential and while the proposed use is a
permitted use per Regulation 9 (8) of the Development and Planning Regulations
(2006 Revision), the Department would offer the following comments regarding
specific issues noted below.
Specific Issues
a) Suitability
The surrounding land uses in the immediate area are single-family residential,
apartments, and vacant properties. Pursuant to Regulation 9(8) of the
Development and Planning Regulations (2006 Revision), the Authority needs
to ascertain whether or not that the proposal is suitable for the area. This
application was granted planning permission on March 22, 2006 (CPA/09/06;
Item 2.36) for 28-apartments with 56-bedrooms. At that time, a variance was
granted for five bedrooms over the maximum allowable bedrooms. The
application had expired on April 2, 2007. It should be noted that objections
were received from adjacent landowners.
b) Density
In accordance with Regulation 9(8) (c) of the Development and Planning
Regulations (2006 Revision), the maximum allowable apartments and
bedrooms are noted below. The Department is of the view that the density
requirements should be adhered to in accordance with the regulations as the
applicant has not provided any reasons why a variance should be granted
according to the Authority’s variance policy. The applicant has been
requested to submit a letter of variance regarding the density requirements.
Proposed Proposed Allowable Allowable
Acre Sq. Ft. Units Bed Rms. Units Bed Rms.
2.111 91,955.2 34 60 31 51
19
c) Garbage dumpster
The Chief Environmental Health Officer has concerns regarding the location
of the dumpster. Comments from the CEHO were sent to the applicant's
agent.
d) After-the-fact fence
The applicant has constructed an after-the-fact fence as noted in the photos
below. As indicated on the revised site plan, the fence columns are blocking
the sidewalk handicap ramps and should be removed. In addition, the
truncation on Bamboo Street/Omega Drive should be the same as proposed on
Bamboo Street.
Omega
Drive
20
Approx. area of
entry/exit on
Bamboo St.
21
SUPPLEMENTARY ANALYSIS
The applicant was scheduled to be heard on April 1, 2009. Two objectors were
available for the meeting, but the applicant was not present. As such, the
application was adjourned in order to provide the applicant one more opportunity
to attend the Authority’s meeting.
At 1:00pm, Wesley Lalor appeared as the applicant and Kristian Plania and
Rowena Bawalan appeared as representatives. Ruth Handford and Moira
Handford appeared as objectors.
CPA Summarized the application and noted that there were concerns from the
objectors and concerns regarding the density, the number of units, the turning
radius, the location of the garbage skip and the existing columns blocking the
sidewalks.
Mr. Lalor Why they are asking for 32 units is because the first plans were for
more high end, but because the economy has gone bad they have dropped down
their market to the first time buyers and are asking for a few more units.
CPA Can he address the turning radius?
Ms. Plania They have been to DEH and they said the radius as revised would
work.
CPA Objectors?
Ms. Handford Proceeded to read aloud the following letter:
“We first of all thank you Mr. Chairman and members of the board for kindly
giving us the opportunity to state our reasons for objecting to the
22
proposed development, advertised on site as Omega Gardens.
We should first make it clear we are not objecting to the development in
principal. However, we do have objections to the application, as it
stands, on two grounds.
Firstly - The proposed development plan appears to provide for too many
dwellings in proportion to the size of the parcel. As you know full well the
denser the development the greater the problems arising.We understand
that the planning law therefore prudently sets out parameters for
development.
It follows there is a limit on the number of dwelling that can be built on any
particular parcel. In our respectful submission this application is for at
least six more dwellings than the said parcel may contain at its densest
development. We therefore ask you please to exercise your discretion and
only give planning permission for a reduced number of dwellings.
Secondly - The proposed plan appears to provide inBamboo Street for access
to and from the said parcel. This provision appears to run clear contrary
to the previously approved development of fewer and larger dwellings under
the local name of Wes-La-Sher. This was and still is bounded by a
perimeter wall abutting on to Whirlwind Drive, Bamboo Street and
Omega Drive. This handsome perimeter wall has always had entrances/exits
to the parcel in Whirlwind Drive and Omega Drive but non in Bamboo Street.
See photograph of artists impression of development known as Wes-La-Sher
screened on site. In our respectful view, access to the parcel from Bamboo
Street is totally unnecessary and redundant. And if it were approved it would
lead to an unacceptable threat to the safety of all Bamboo Street road users, as
you are well aware Bamboo Street is an extremely busy thoroughfare linking
Particks Avenue with Marina Drive carrying a heavy volume of traffic.
The proposed access/egress from Bamboo Street side of the parcel would be
extremely hazardous especially when access/egress from the parcel into
Omega Drive and Whirlwind Drive is amply sufficient. Please leave the wall
abutting Bamboo Street intact.”
CPA Would the applicant like to respond?
Ms. Plania The access is on Bamboo so it would be more convenient for the
residents in the development. That entrance would only serve the middle building
and maybe a couple of end units from the other buildings.
Ms. Handford It is difficult now for them to get in and out of their driveway.
People are always speeding on the road.
Mr. Lalor He is looking to put in speed bumps. The entrance could be shifted
away from where it is now.
Ms. Handford Even that would still impede access to their home. If they had
23
known that this would be the case they wouldn’t have bought the house. Pets get
killed all the time, soon it will be people.
CPA Will there be a sidewalk in front of the wall?
Mr. Lalor Yes.
CPA The applicant is seeking a variance for the number of units and bedrooms.
The objectors’ main concern seems to be the entrance on Bamboo, but this third
access could make the project safer and could reduce the number of vehicles on
Bamboo.
Ms. Plania They have a plan with the driveway shifted further away.
CPA They can’t deal with a new plan at this time as it wasn’t part of the
application as submitted. Thanked everyone for attending the meeting.
2. 4 PRENTICE PANTON Block 57E Parcel 115 (F09-0038) (P09-0149)
($250,000) (KB)
Application for a twenty-seven lot subdivision consisting of twenty three (23)
detached house lots, one (1) road parcel, two (2) LPP parcels and one (1) lot to be
combined with Parcel 121.
Appearance at 1:20
FACTS
Location Frank Sound Road, North Side
Zoning MDR
Notice Requirements Objectors
Parcel Size 8.4400 acres
Current Use Vacant
Proposed Use Residential
Density 2.7
Allowable Density 4
Number of Units 27
BACKGROUND
December 17, 2003 (CPA/36/03; Item 3.15) - The Authority granted planning
permission for a 150' cell tower, fence, generator pad, and utility equipment.
April 1, 2009 (CPA/09/09; Item 2.4) - The Authority adjourned the application to
re-invite the objectors in to discuss the issues with the board.
Decision: It was resolved to grant planning permission, subject to the following
conditions:
24
1) Prior to the commencement of any site works such as filling, grading and road
construction, the applicant shall submit the following:
a) A stormwater management plan prepared in accordance with the
requirements of the Managing Director, NRA and approved by the Central
Planning Authority. The plan shall be designed to embrace storm water
runoff produced from a rainfall intensity of 2 inches per hour for one hour
of duration and should include, but not be limited to, the location of all
drainage facilities and general grading details of the parcels (roads
included). In general, the entire site shall be graded in such a manner that
stormwater runoff is no more than that which occurred during
predevelopment conditions along private boundaries with any excess
runoff directed to one central drainage facility or a series of facilities. The
plan shall include proposed lot grading in order to facilitate the
implementation of condition 2) a) below. Additionally, if the plan
includes drainage swales then cross-sections of the swales must be
provided.
2) Prior to the subdivision plan being finalized, the following conditions shall be
satisfied:
a) The property shall be filled in such a manner as to ensure that the
subdivision road and a reasonable building envelope for each lot are filled
to 4 feet above mean sea level, with the remaining subdivision land being
filled and/or graded to a level that will assist in the drainage of the
subdivision per the stormwater management plan required in condition 1)
a) above. After filling the site, the applicant shall submit a plan prepared
by a registered land surveyor indicating spot heights at regular intervals,
including the finished grade of constructed access road (s), if any.
b) The approved stormwater management system shall be installed on site.
c) The final subdivision plan shall indicate a vehicular easement over the
subdivision access road in favour of each lot. The final plan must be
accompanied with the requisite grant of easement forms detailing the
easements to be registered.
d) The access road (s) abutting the proposed lots shall have a minimum of a
30' demarcated road parcel and shall be constructed with asphalt and
approved by the Central Planning Authority prior to the lots being
registered. The applicant shall liaise with the Managing Director, National
Roads Authority (NRA), at predetermined stages of road construction to
ensure compliance with the requisite standards. Failure to do so may
render the project unacceptable. Please be advised that the road base shall
be constructed to National Roads Authority (NRA) minimum design and
construction specifications for subdivision roads. The NRA shall inspect
and certify road base construction prior to road surfacing activities.
e) The applicant shall provide water infrastructure for the entire sub-division.
The applicant shall submit plans for the water supply system for approval
25
by the Water Authority. The water supply system shall be installed to the
Water Authority’s specifications, under the Water Authority’s supervision.
Copies of these specifications are available at the Water Authority’s office
on Red Gate Road.
f) The applicant shall request to have the sub-division connected to the
Water Authority’s public water system. This request will be acted upon
after the pipelines on the sub-division have been installed in accordance
with the WAC specifications and have passed all specified tests.
g) Lot 26 shall be combined with Block 57E parcel 121.
h) The surveyor's final drawing shall include the surveyed dimensions of
all lots and shall be submitted to the Planning Department for approval
prior to the survey being registered. The applicant shall notify the Chief
Surveyor in writing once survey Kaps have been placed in the ground in
order for the survey to complete its authentication process and to thereby
initiate lifting of the Parcel Survey Restrictions by the Registrar of Lands.
AGENCY COMMENTS
Comments from the Department of Environment, Chief Fire Officer, Water
Authority and National Roads Authority are noted below.
Department of Environment
1) “A storm water management plan should be developed for the subdivision,
with the objectives of flood prevention and onsite treatment and control of
storm water runoff. The DOE recommends consideration of the following
storm water management methods:
a. Measures to control the sources of runoff, e.g. minimal use of impervious
surfaces and use of pervious materials (e.g. wood or recycled rubber
mulch or grass cellular paving) where possible (e.g. sidewalks and
driveways).
b. Maintain natural storm water flows and promote infiltration (e.g. use of
storm drains, vegetated swales and strategic landscape planning).
Integration of pervious ground cover and vegetated areas into the
subdivision design will limit disruption of natural drainage and promote
infiltration at the source thereby controlling runoff volume and velocity.
c. When filling and grading individual lots, raising the house footprint above
surrounding areas will allow runoff to flow away from buildings during
storms. This filling method will also alleviate fill requirements.
2) Primary Forest vegetation exists within the proposed subdivision boundaries.
In addition to their value for wildlife and localized air quality, these trees
contribute to attractive landscaping and all efforts should be made to preserve
them. This includes protecting tree root systems from being crushed by heavy
equipment during site works. Placing temporary plastic mesh fencing or
26
other reusable barrier around the root area can help with this. Compaction
of soil around the root area should also be avoided.
3) Existing vegetation should be preserved whenever possible and incorporated
into the storm water management plan and landscaping scheme. Essential
clearing of vegetation should be restricted to subdivision roadways and
installation of services until development of individual lots is imminent. This
practice will help reduce the risk of soil erosion and assistwith storm water
management. Future subdivision lot owners should be encouraged to keep
vegetation on their parcel until they are ready to begin construction.
4) When vegetation must be cleared it should be chopped / mulched (not burned)
and used on the site (e.g. in landscaping).
5) The use of native vegetation is encouraged when landscaping the subdivision,
including individual lots, common areas and along roadways. Keeping
clearing to a minimum will allow the site landscaping plan to make use of
existing vegetation. Non-native species can be costly to establish and
maintain as they typically require more water and fertilizer than those species
adapted to local conditions. The applicant is encouraged to liaise with the
DOE regarding suitable vegetation options to complement subdivision
landscaping and storm water management plans.
6) Vegetation including mature trees that provide shading in combination with
use of reflective surfaces (e.g. white roofs, open grid paving or gravel
driveways, etc) will serve to reduce the urban heat island effect, making the
localized outdoor living environment more pleasant.”
Chief Fire Officer
“Approved.”
Water Authority
“Water Supply:
Please be advised that the proposed development site is located within the Water
Authority's piped water supply area.
The developer is required to notify the Water Authority's Engineering Services
at 949-6352, without delay, to be advised of the site-specific requirements for
connection.
The developer is required to provide the water-supply infrastructure, specified
by the Authority, within the site.
The developer shall submit plans for the installation of the specified
infrastructure to the Authority for approval.
The site's water-supply infrastructure shall be installed to the Authority's
specifications, under the Authority's supervision. Copies of the Authority's
specifications are available at the Water Authority's office on Red Gate Road.
27
The developer's request to have the development connected to the Water
Authority's public water system will be acted upon after the site's water-
supply infrastructure has been installed in accordance with the WAC
specifications, and passed specified tests.
The Authority shall not be held responsible for delays and/or additional costs
incurred by the developer due to the developer's failure to provide sufficient
notice to the Authority.
Wastewater Treatment:
Please be advised that plans for built development in strata subdivisions are
subject to review by the Water Authority in respect of wastewater treatment
and disposal requirements.”
National Roads Authority
“Road Capacity Issues
Our understanding of the above development is that the site will be divided into
23 lots, the majority being single family. Based on this information a simplified
Traffic Study was conducted using ITE 7th edition Trip Generation rates for
single family.
Land Use (ITE Unit for Daily AM Peak In/Out PM Peak In/Out
Code) Trip Rate Rate Hour Trip Ratio Hour Trip Ratio
Rate Rate
Single Family Dwelling 9.57 .75 33%/75% 1.01 64%/36%
(210) Units
Based on the above trip rates, the anticipated range of traffic volumes to be
generated by the proposed 23 dwelling units is as follows:
Expected AM Peak PM Peak
Daily Trip Hour AM Peak AM Peak Traffic PM Peak PM Peak
Traffic Inbound Outbound Inbound Outbound
220 18 6 12 23 15 8
For peak hour conditions, this level of traffic generation of this phase of the
development is considered to have minimal traffic impacts onto Frank Sound
Road
Access and Traffic Management Issues
The subdivision's road base shall be constructed to NRA minimum design and
construction specifications for subdivision roads - this includes elevations,
minimum longitudinal slopes and minimum cross fall of minus 2 percent from the
centre line to the shoulder. The applicant is advised to include the grading plan
of the roadway when submitting the drainage plan.
The NRA shall inspect and certify the road base construction prior to HMA
surfacing activities.
All internal roadway curves (horizontal alignment) shall be no less than 100 feet
centreline radius. This requirement ensures that the minimum vehicle sweeps for
28
a standard garbage and/or fire truck or school bus can be accommodated by the
site layout.
Stormwater Management Issues
A comprehensive drainage plan needs to be provided by the applicant for the
above project.
For major developments, the applicant shall demonstrate that the Stormwater
Management system can be designed to include storm water runoff produced from
a rainfall intensity of 2 inches per hour for one hour of duration and ensure that
surrounding properties that are lower and nearby public roadways are not
subject to stormwater runoff from this site. The plan should depict existing
condition levels as well as detail of finish levels of the roadway.
Traffic Calming
It is recommended to make provisions for traffic calming features, such as speed
humps, neck-downs and/or small neighbourhood circles (this feature would
require some land). The NRA feels that this should be a condition of planning
approval so that government does not have to incur the cost of installation of such
measures once future residents complain.
Please contact the NRA if you wish to pursue this recommendation for guidance
on how to develop any of these traffic calming features.”
OBJECTIONS
“We the property owners of 57E Parcels 193,194,195,196,197, 182, 177 would
like to notify the planning board that we are not in favour of any subdivision or
development taking place Block 57E Parcels 121, 115, 116, and 176 that would in
any way suggest the commercialization of this area with shops and other public
places that would result in a constant flow of outsiders. We have grown to
appreciate the peace and tranquility of this area in Frank Sound, North Side and
wish for it to continue. North Side is one of the last places in the Cayman Islands
where peace and tranquility can still be found. Let's keep it that way.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for a twenty-seven lot subdivision consisting of twenty-three
detached house lots, one road parcel, two LPP parcels, and one lot to be combined
with Parcel 121. The proposed subdivision is located off of Frank Sound Road in
North Side, just south of Old Robin Road.
Major Development Application
Pursuant to Section 6 of the Development and Planning Law (2005 Revision), the
Central Planning Authority has the responsibility of reviewing major development
applications with respect to: a) the potential impact on the Island's infrastructure;
and b) other issues of national importance. The subject application qualifies as a
major application with respect to Section 6 (2) d). Accordingly, the Authority
must review this application with specific consideration given to Sections 6 (1),
29
(3), (4), (5), (6) and Section 7. The following outline has been formulated to
assist the Authority in reviewing the application with respect to the
aforementioned sections of the Law. The Department has included responses for
each section of the Law for the Authority's consideration.
Sec 6 (1) (a) Considered the likely impact of the proposed development on the
infrastructure of the Islands as well as on the educational, social, medical and
other aspects of life in the Islands and found that:
Response: The Authority has determined that the impact of the proposed
development will be minimal.
Sec 6 (1) (b) Considered whether there are other issues of national importance
which are relevant to the determination of the application for development and
require evaluation and found that:
Response: There are no other such aspects.
Sec 6 (1) (c) Considered whether there are technical or scientific aspects of the
proposed development which are of so unfamiliar a character as to jeopardise a
proper determination of the question unless there is a special inquiry for the
purpose and found that:
Response: There are no such aspects.
Sec 6 (1) (d) Identified and investigated the considerations relevant to, or the
technical and scientific aspects of, the proposed development which in the opinion
of the Authority were relevant to the question whether the application should be
approved and found that:
Response: There are no such aspects identified in 6(1)(c) that need to be
investigated.
Sec 6 (1) (e) Assessed the importance to be attached to those considerations or
aspects and found that:
Response: There are no considerations to be assessed.
Sec 6 (3) The Chairman informed the Authority that the Law gave the Authority
the discretion whether to permit the applicant for planning permission an
opportunity to appear before the Authority and to be heard by five or more
Members of the Authority and decided that:
Response: Both the applicant and objectors are scheduled to address the
Authority.
Sec 6 (4) The Authority considered whether the development proposed in the
application should instead be carried out at an alternative site and found that:
Response: The Authority concluded that the site was suitable for the proposed
development.
Sec 6 (5) The Authority noted that it may arrange for the carrying out of research
of any kind appearing to it to be relevant to an application referred to it and
decided that:
30
Response: No Additional research is necessary based on the consideration given
to items 6(1)(a-e).
Sec 6 (6) The Authority noted that it may hold an inquiry, if it thinks it necessary,
for the proper discharge of its functions and decided that:
Response: An inquiry is deemed not necessary.
Sec 7 The Authority noted that it shall, to the greatest possible extent consistent
with its duties under the Law, consult with departments and agencies of the
Government having duties or having aims or objects related to those of the
Authority and decided that:
Response: The Authority considered and took into account the agency reports
presented thus far.
Development Plan
The application is in general conformity with the provisions of The Development
Plan 1997.
Zoning
The property is zoned Medium Density Residential and while the proposed use is
a permitted use per Regulation 9 (7) of the Development and Planning
Regulations (2006 Revision), the Department would offer comments on certain
specific issues addressed below.
Specific Issues
a) Subdivision Design
There is an existing cell tower which is proposed to remain on Lot 5. The
Department is concerned that the existing vegetation will not provide an
appropriate buffer for future property buyers in the subdivision, and it is
recommended that vegetation be planted to provide a more aesthetically
pleasing appearance from the roadway.
The site drastically slopes downwards on the northern and the southern
portions of the property. A storm water management plan must be submitted
to protect the low lying parcels to the north and south of the subject property.
The applicant is proposing a road reserve to Parcel 114. The Authority should
consider whether or not it should be paved or kept as the natural vegetation.
The proposed Land for Public Purposes is five percent of the parcels
excluding the area that is proposed to be combined with Parcel 121.
SUPPLEMENTARY ANALYSIS
The objectors did not appear at the last meeting so the Department sent out a
second registered mailed invitation. No changes have occurred to the plans.
At 1:20pm, Prentice Panton appeared as the applicant and O’Neil Ashman
as his agent.
31
CPA It is noted that the objector failed to attend the Authority’s meeting for a
second time and therefore consideration of the application may proceed without
breach of natural justice. The objector’s concern appears to be that this is a
commercial venture, but it is a residential subdivision. Asked the applicant to
present the proposal.
Mr. Ashman There isn’t much to say. It is entirely residential. Maybe the
objector misunderstood the purpose.
CPA Where will the combination occur?
Mr. Ashman Pointed to the display plan.
CPA Could the access road be relocated to the other side so it won’t affect the
adjacent land owner as much?
Mr. Panton That owner actually wants the road there as he wants access to it.
CPA Thanked them for attending the meeting.
2. 5 COMMONWEALTH GROUP LTD Block 10E Parcel 43 (FA83-0043) (P09-
0195) (P09-0196) (P09-0197) ($1,000,000) (KB)
Application for a gym/storage space, twelve (12) single garages, one (1) double
garage, tennis court, 4' wall and two (2) signs.
Appearance at 1:40
FACTS
Location West Bay Road, south of Marsh Road
Zoning H/T
Notice Requirements No Objectors
Parcel Size 2.0000 acres
Current Use Vacant
Proposed Use Miscellaneous
Building Size 6,931 sq. ft.
Building Coverage 8%
Proposed Handicapped Spaces 1
Proposed Parking 19
Required Handicapped Spaces 1
BACKGROUND
A hotel and a house were approved in 1983.
April 1, 2009 (CPA/09/09; Item 2.22) - The Authority adjourned the application
to invite the applicant to appear before the Authority to discuss concerns
regarding the appropriateness of the proposed use in the Hotel/Tourism zone.
32
Decision: It was resolved to grant planning permission, subject to the following
conditions:
Conditions (1-4) listed below shall be met before building permit drawings can be
submitted to the Building Control Unit.
1) The applicant shall submit a revised site plan showing land set aside in
accordance with Boundary Plan 9. Additionally, the site plan must show a 4’
grass verge with a 6’ sidewalk on the inside of the verge.
2) The applicant shall provide a copy of the submission made to the Registrar of
Lands to re-parcel Block 10E Parcels 40, 42 and 43 as shown on the approved
site plan.
3) The applicant shall submit, in accordance with the requirements of the
National Roads Authority and approved by the Central Planning Authority, a
Stormwater Management plan designed to contain storm water runoff
produced from a rainfall intensity of 2 inches per hour for one hour of
duration and ensure that surrounding properties that are lower, and/or
surrounding roads, are not subject to stormwater runoff from the subject site.
The plan shall include provisions for controlling roof runoff.
4) The applicant shall submit a landscape plan which shall be subject to review
and approval by the Central Planning Authority. It is suggested that the
landscape plan be prepared following the recommendations of the Draft
Cayman Islands Landscape Guidelines, found on the Planning Department’s
website (www.planning.gov.ky) under Policy Development, Policy Drafts.
5) The applicant is required to obtain a Building Permit from the Chief Building
Control Officer. Construction shall not commence prior to the issuance of a
Building Permit.
6) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans which you will receive when you have complied with all of
the above conditions.
Additionally, once construction has started, conditions (7-13) shall be complied
with before a final Certificate of Occupancy can be issued.
7) The development shall be connected to the West Bay Beach Sewerage System
(WBBSS). The applicant is directed to liaise with the Water Authority to
ensure compliance with their requirements.
8) A 4’ grass verge along the road side property boundary (as adjusted for BP 9)
and a six-foot wide concrete sidewalk along the inside edge of the grass verge.
9) The parking lot and driveway aisles surfaced with asphaltic concrete or
equivalent and tire stops provided for each parking space which shall be
striped.
10) Construction of the sidewalk, drain and driveway shall be to the satisfaction of
the Director of Planning in consultation with the National Roads Authority
33
11) The approved stormwater management system shall be installed on site.
12) Construct a gentle 'hump' at the entrance (along the entire width of the
driveway) in order to prevent stormwater runoff from and onto the adjacent
road.
13) Curbing is required for the driveway and parking areas to control stormwater
runoff.
The applicant shall obtain a Final Certificate (of Fitness for Occupancy) prior to
occupying the building.
The applicant is reminded that the finished floor level should be at least five feet
(5') above mean sea level, [i.e. two feet (2') above the Vidal Bench Mark].
Provision shall be made for the removal of solid waste, including construction
and demolition waste, from the site on a regular basis during the construction
period.
The applicant shall provide adequate number of sanitary facilities during the
construction stage.
The applicant is also reminded that the proposed development is subject to
compliance with the Public Health Law, Fire Brigade Law, Water Authority Law
and Roads Law.
To prevent potential delays and save money, the applicant may wish to coordinate
with the following agencies prior to commencing any construction: Caribbean
Utilities Company, a Telecommunication Company of your preference and
the Cayman Water Company and/or the Water Authority - Cayman.
AGENCY COMMENTS
Comments from the National Roads Authority, Chief Environmental Health
Officer, Chief Fire Officer and Water Authority are noted below.
National Roads Authority
“Land Swap & Boundary Plan
The NRA has no objections to the proposed modifications to parcel boundaries.
However, Parcels 40, 42 & 43 are subject to Boundary Plan 9 (gazetted 1977)
which must be taken into account when developing the site.
The proposed development does not take into account the location of Boundary
Plan 9. The applicant must submit revised plans that demonstrate the Boundary
Plan has been respected.
Road Capacity Issues
The traffic demand to be generated by the proposed development could not be
accurately assessed. However, the impact of the proposed development onto West
Bay Road is considered to be minimal.
Access and Traffic Management Issues
34
The positioning of car parks directly off a roundabout is not desirable and may
lead to accidents on the site. The applicant is advised that fire engines are
unlikely to be able to manoeuvre onto the site in the event of a fire. The applicant
must revise the proposed entry/exit.
Two-way driveway aisles shall be a minimum of twenty-two (22) ft wide.
Entrance and exit curves shall have no less than fifteen (15) feet radius curves,
and have a width of twenty-two (22) ft.
A six (6) foot sidewalk shall be constructed on West Bay Road, within the
property boundary, to NRA standards.
Tire stops (if used) shall be place in parking spaces such that the length of the
parking space is not reduced below the sixteen (16) feet minimum.
Stormwater Management Issues
The applicant is encouraged to implement state-of-the-art techniques that manage
stormwater runoff within the subject parcel and retain existing drainage
characteristics of the site as much as is feasible through innovative design and
use of alternative construction techniques. However, it is critical that the
development be designed so that post-development stormwater runoff is no worst
than pre-development runoff. To that effect, the following requirements should be
observed:
The applicant shall demonstrate, prior to the issuance of any Building
Permits, that the Stormwater Management system is designed to embrace
storm water runoff produced from a rainfall intensity of 2 inches per hour for
one hour of duration and ensure that surrounding properties and/or nearby
roads are not subject to stormwater runoff from the subject site.
The stormwater management plan shall include spot levels (existing and
finished levels) with details of the overall runoff scheme. Please have
applicant provide this information prior to the issuance of a building permit.
Construct a gentle 'hump' at the entrance/exit (along the entire width of each
driveway) in order to prevent stormwater runoff from and onto West Bay
Road. Suggested dimensions of the 'hump' would be a width of 6 feet and a
height of 2-4 inches. Trench drains often are not desirable.
Curbing is required for the parking areas to control stormwater runoff.
Roof water runoff should not drain freely over the parking area or onto
surrounding property. Note that unconnected downspouts are not acceptable.
We recommend piped connection to catch basins or alternative stormwater
detention devices. If catch basins are to be networked, please have applicant
to provide locations of such wells along with details of depth and diameter
prior to the issuance of any Building Permits.
At the inspection stage for obtaining a Certificate of Occupancy, the applicant
shall demonstrate that the installed system will perform to the standard given.
The National Roads Authority wishes to bring to the attention of the Planning
35
Department that non-compliance with the above-noted stormwater requirements
would cause a road encroachment under Section 16 (g) of The Roads
(Amendment) Law, 2004 (Law 11 of 2004). For the purpose of this Law, Section
16(g) defines encroachment on a road as
"any artificial canal, conduit, pipe or raised structure from which any water or
other liquid escapes on to any road which would not but for the existence of such
canal, conduit, pipe or raised structure have done so, whether or not such canal,
conduit, pipe or raised structure adjoins the said road;"
Failure in meeting these requirements will require immediate remedial measures
from the applicant.”
Chief Environmental Health Officer
“The proposal submitted in this application satisfy the relevant environmental
health criteria.”
Chief Fire Officer
“Approved.”
Water Authority
“Wastewater Treatment:
The development shall be connected to the West Bay Beach Sewerage System
(WBBSS).
The developer shall notify the Water Authority's Engineering Department at
949-2837as soon as possible to ensure that:
the site-specific connection requirements are relayed to the developer,
any existing sewerage appurtenances on the property can be clearly marked
to prevent damage (for which the developer would be held responsible), and
the Authority can make necessary arrangements for connection.
The developer shall be responsible for providing the site-specific sewerage
infrastructure required for connection to the WBBSS. The site's wastewater
infrastructure shall be designed and installed to the Authority's specifications.
Copies of the Authority's specifications are available at the Water Authority's
office on Red Gate Road.
The developer shall submit plans for the infrastructure to the Authority for
approval.
The Authority shall make the final connection to the WBBSS, the cost of which
shall be borne by the developer.
The Authority shall not be held responsible for delays and/or additional costs
incurred by the developer due to the developer's failure to provide sufficient
notice to the Authority.
36
Water Supply:
Please be advised that the proposed development site is located within the
Cayman Water Company's (CWC) Water Authority's piped water supply area.
The developer is required to notify the Cayman Water Company without
delay, to be advised of the site-specific requirements for connection.
The developer shall provide water supply infrastructure per CWC's
specification and under CWC's supervision.”
PLANNING DEPARTMENT ANALYSIS
General
The applications are for a gym, storage room, a tennis court, twelve single
garages, one double garage, a 4' concrete wall, and two signs. The applicant is
proposing these amenities to be across from the existing Commonwealth
condominiums on 7 Mile Beach. A reparcellation is also proposed in order to
align the property with the boundary lines of the condominiums.
Zoning
The property is zoned Hotel/Tourism, and the proposed use is a permitted use per
Regulation 10 of the Development and Planning Regulations (2006 Revision).
The Department does not have any particular issues with the proposed
development.
SUPPLEMENTARY ANALYSIS
At the last meeting, the Authority adjourned the application to invite the applicant
to appear before the Authority to discuss concerns regarding the appropriateness
of the proposed use in the Hotel/Tourism zone. No changes have occurred to the
plans.
At 1:40pm, Jim Cary, Celia Gomez and Robert Towell appeared on behalf of
the applicant.
CPA There are concerns with the appropriateness of the use for the
Hotel/Tourism zone.
Mr. Cary He is the Chairman of the Strata. When the complex was built in
the late 1980’s, early 1990’s, they couldn’t acquire the land across the street so
the garages and tennis court were built a couple hundred yards up West Bay
Road. In 1997 they did acquire the land across the street. They are now under
contract to sell the other piece and simply want to move the garages and tennis
court to this new location. It will look nicer too. It’s the same use in the
Hotel/Tourism zone that they have now. There are lots of places that have tennis
courts across the road like this.
CPA Is there a future use for the site?
Mr. Cary Very doubtful, if ever. There is a deep setback from the road so it
will be more attractive.
37
CPA Will there be a sidewalk along the boundary?
Mr. Towell Yes.
CPA NRA says that BP 9 hasn’t been addressed.
Mr. Towell That has been resolved by the surveyor as the boundary has been
adjusted. That can be addressed as a condition of approval.
CPA Thanked them for attending the meeting.
38
2.0 APPLICATIONS
REGULAR AGENDA (Items 2. 6 TO 2. 26)
2. 6 SAMUEL R & LILLIAN C BANKS Block 20C Parcel 77 (F00-0252) (P09-
0170) (BES)
Application for a change-of-use from warehouse storage to mixed-use industrial
uses at an existing warehouse.
FACTS
Location Off Breezy Way, George Town
Zoning LI
Notice Requirements No Objectors
Parcel Size .3500 acres
Building Size 6,000 sq. ft.
BACKGROUND
CPA/05/05; Item 2.9 - The Authority granted planning permission for warehouse
with conditions.
Decision: It was resolved that having regard to the Development Plan and other
material considerations it is expedient to modify planning permission. Now
therefore the Central Planning Authority in pursuance of Section 17 of the
Development and Planning Law (2008 Revision) hereby orders that planning
permission CPA/05/05; item 2.9 be modified to allow the following light
industrial uses to be located within the building:
a) The assembly of products from previously prepared materials, including but
not limited to fabrics, glass, leather, paper, metal, or plastics.
b) Cabinet making (excluding outside storage of raw and finished materials)
c) Warehouse storage
d) Industrial laundry
e) Wholesale trade & Distribution, including customs brokerage services
f) Contracting services (electrical, plumbing, HVAC, mechanical, welding,
renewable energy, etc.)
g) Janitorial services
h) Manufacturing of biofuels
i) Office use (Ancillary, in association with a primary Light Industrial Use - less
than 10% square footage)
j) Retail use (Ancillary, in association with a primary Light Industrial use - less
than 10% square footage)
39
k) Automotive, marine, heavy equipment and/or engine service and repair
(excluding outside storage of vehicles and/or engines)
l) Painting and/or powder finishing
subject to the applicant obtaining the necessary approvals from the Chief Fire
Officer, the Chief Petroleum Inspector, the Chief Environmental Health Officer,
and the Water Authority.
All other conditions of CPA/05/05; item 2.9 remain applicable.
PLANNING DEPARTMENT ANALYSIS
General
The application is for a change-of-use from warehouse storage to mixed-use
industrial uses at an existing warehouse off Breezy Way, George Town.
Zoning
The property is zoned Light Industrial. The Authority will recall that through the
review of a previous application in February, 2007, approval was granted to allow
a mix of uses in a warehouse building. The current applicant is seeking the same
mix of uses, but has added three additional uses that were not considered by the
Authority in the previous application. These new uses are:
Manufacturing of biofuels
Automotive, marine and heavy equipment engine service and repair
Painting and powder finishing
These three uses could introduce noise and odours that may not be suitable for the
Light Industrial zone and the Authority should give specific consideration to these
uses. The Authority will also recall that when the warehouse building was
approved, one of the units was approved for use as a welding shop. In support of
the application, the applicant has submitted the following letter.
"Application is hereby made to change the use for the aforementioned property
from Light Industrial: Storage/Workshops' to `Light Industrial:
Storage/Workshops/Multi-Use' to allow the following light industrial uses to be
located within the building/units:
o The assembly of products or provision of other value-added services from
previously prepared materials, including but not limited to fabrics, glass,
leather, paper, metal or plastics.
o Cabinet making (excluding outside storage of raw and finished materials)
o Warehouse storage
o Industrial laundry
o Wholesale trade and distribution, including customs brokerage services
40
o Contracting services (electrical, HVAC, plumbing, mechanical, welding,
renewable energy, etc.)
o Janitorial services
o Manufacturing of biofuels
o Office use (ancillary, in association with a primary light industrial use - less
than 10% square footage)
o Retail use (ancillary, in association with a primary light industrial use - less
than 10% square footage)
o Automotive, marine, heavy equipment and/or engine service and repair
(excluding outside storage of vehicles and/or engines)
o Painting and/or powder finishing
The units will be offered for rent and this application is made to better suit the
business uses of a broader range of potential tenants.
We trust you will see fit to grant this application. Should you have any questions
or require further information, please do not hesitate to contact us."
2. 7 MAYA II LTD Block 20B Parcel 83 (F07-0151) (P07-0280) ($10,000,000)
(BES)
Application for commercial/retail units, ten (10) apartments and warehouse
storage units.
FACTS
Location Opposite Horizon Autos on Shedden Road
Zoning G COM
Notice Requirements No Objectors
Parcel Size 2.3230 acres
Building Size 56,503 sq. ft.
Proposed Handicapped Spaces 6
Proposed Parking 89
Required Handicapped Spaces 4
Required Parking 63
BACKGROUND
CPA/12/07; Item 2.22 - The Authority adjourned the application for a revised
site plan that accommodates the proposed Airport Access Road Scheme.
Decision: It was resolved to grant planning permission, subject to the following
conditions:
41
Conditions (1-3) listed below shall be met before building permit drawings can be
submitted to the Building Control Unit.
1) The applicant shall submit a site plan that shows a) the location and
dimensions of the wastewater treatment system and b) the location of the
disposal system to be installed in accordance with the Water Authority’s
standards. The treatment system must be labeled as either a septic tank or an
aerobic wastewater treatment system, whichever is applicable.
2) The applicant shall submit, in accordance with the requirements of the
National Roads Authority and approved by the Central Planning Authority, a
Stormwater Management plan designed to contain storm water runoff
produced from a rainfall intensity of 2 inches per hour for one hour of
duration and ensure that surrounding properties that are lower, and/or
surrounding roads, are not subject to stormwater runoff from the subject site.
The plan shall include provisions for controlling roof runoff.
3) The applicant shall submit a landscape plan which shall be subject to review
and approval by the Central Planning Authority. It is suggested that the
landscape plan be prepared following the recommendations of the Draft
Cayman Islands Landscape Guidelines, found on the Planning Department’s
website (www.planning.gov.ky) under Policy Development, Policy Drafts.
In addition to Building Permit requirements, conditions (4-5) listed below shall be
met before a Building Permit can be issued.
4) Construction drawings for the proposed wastewater treatment system and
disposal system shall be submitted to the Water Authority for review and
approval. The Central Planning Authority must receive confirmation of the
Water Authority’s approval.
5) The applicant shall submit the necessary documentation demonstrating that
there is a binding agreement with the National Roads Authority that the
applicant is responsible for constructing the sidewalk along the road reserve to
be established through Boundary Plan 510.
6) The applicant is required to obtain a Building Permit from the Chief Building
Control Officer. Construction shall not commence prior to the issuance of a
Building Permit.
7) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans which you will receive when you have complied with all of
the above conditions.
Additionally, once construction has started, conditions (8-15) shall be complied
with before a final Certificate of Occupancy can be issued.
8) The applicant shall install the approved wastewater treatment system and
disposal system in accordance with the requirements of the Water Authority
and the recommendations/instructions of the manufacturer of the wastewater
treatment system.
42
9) A six-foot wide concrete sidewalk along the road side property lines, and a 4
feet minimum in width landscape strip along the inside edge of the sidewalk.
10) The construction of the 6’ wide sidewalk along Boundary Plan 510 shall be in
accordance with the agreement required in condition 5) above.
11) The parking lot and driveway aisles surfaced with asphaltic concrete or
equivalent and tire stops provided for each parking space which shall be
striped.
12) Construction of the sidewalk, drain and driveway shall be to the satisfaction of
the Director of Planning in consultation with the National Roads Authority
13) The approved stormwater management system shall be installed on site.
14) Construct a gentle 'hump' at the entrance (along the entire width of the
driveway) in order to prevent stormwater runoff from and onto the adjacent
road.
15) Curbing is required for the driveway and parking areas to control stormwater
runoff.
The applicant shall obtain a Final Certificate (of Fitness for Occupancy) prior to
occupying the building.
The applicant is reminded that the finished floor level should be at least five feet
(5') above mean sea level, [i.e. two feet (2') above the Vidal Bench Mark].
Provision shall be made for the removal of solid waste, including construction
and demolition waste, from the site on a regular basis during the construction
period.
The applicant shall provide adequate number of sanitary facilities during the
construction stage.
The applicant is also reminded that the proposed development is subject to
compliance with the Public Health Law, Fire Brigade Law, Water Authority Law
and Roads Law.
To prevent potential delays and save money, the applicant may wish to coordinate
with the following agencies prior to commencing any construction: Caribbean
Utilities Company, a Telecommunication Company of your preference and
the Cayman Water Company and/or the Water Authority - Cayman.
AGENCY COMMENTS
Comments from the Chief Environmental Health Officer are noted below.
Chief Environmental Health Officer
“The following comments are submitted with respect to the above application:
Enclosure Design
1. The floor slab should be constructed of reinforced concrete with a minimum
43
thickness of 6 inches.
2. The enclosure shall be constructed of suitable material and shall have a
minimum height of 5 ft 6 in.
3. The floor slab shall have a floor drain located at the center of the slab, or
some other convenient point. This drain shall discharge into a deep well or
other approved liquid waste disposal system.
4. The facility shall be provided with water under pressure. A tap and hose shall
be provided to facilitate wash down.
5. A pave access to the enclosure shall be provided. The access shall be
constructed to withstand trucks weighing up to 62,000 lbs.”
Water Authority
“Please be advised that the Water Authority's requirements for this development
are as follows:
Wastewater Treatment:
1. The developer shall provide an on-site aerobic wastewater treatment system
with a treatment capacity of at least 4,033 US gallons per day (gpd). The
required capacity is based on the following:
2. The developer shall submit a proposal for the provision of an aerobic
wastewater treatment system(s) certified to produce an effluent quality of 30
mg/l BOD5 and 30 mg/l Suspended Solids which discharges, via gravity flow,
to an effluent disposal well constructed in strict accordance with the
Authority's standards
3. The plans submitted do not indicate the type of tenants that will occupy the
building. The developer is advised that in the event a food service is allowed,
initially, or in the future, installation of an in-the-ground grease interceptor
will be required. The developer should liaise with the Water Authority prior to
construction to discuss this requirement, as after-the-fact installation can be
disruptive and expensive.
Proposals shall include the following information:
1. Indicate the make, model and quantity of a certified package plant(s) that will
be installed to meet the above requirements. If there is more than one building
or system, clearly indicate which building(s) are to be served by which
system(s).
2. Indicate, on a site sketch, the proposed layout of flows from building(s) to
system(s) to well(s). The location of the system(s) shall comply with the
minimum setback requirements of the Planning Department and provide easy
access for operation, maintenance and inspection. Disposal wells shall be
located at least 100 feet from the mean high waterline of any water body (sea,
lakes, canals, etc.), or as far as practical given lot dimensions.
44
3. Indicate the ground floor level of the building(s) relative to the groundwater
level at the site. This information is necessary to determine whether a lift
station is necessary to meet the requirement that the discharge pipe from the
treatment system enters the disposal well at a height of at least two feet above
the water level in the well.
4. If a lift (pumping) station is necessary, it shall be installed upstream of the
treatment system, to ensure that the discharge from the treatment system to
the disposal well is gravity-flow. Details of the proposed lift station
(dimensions of wet well, pump specifications) as well as details of any
proposed mechanism to split or distribute the flows, shall be submitted to the
Authority for approval.
Water Supply:
Please be advised that the proposed development site is located within the Water
Authority's piped water supply area.
The developer is required to notify the Water Authority's Engineering Services
at 949-6352, without delay, to be advised of the site-specific requirements for
connection.
The developer is required to provide the water-supply infrastructure, specified
by the Authority, within the site.
The developer shall submit plans for the installation of the specified
infrastructure to the Authority for approval.
The site's water-supply infrastructure shall be installed to the Authority's
specifications, under the Authority's supervision. Copies of the Authority's
specifications are available at the Water Authority's office on Red Gate Road.
The developer's request to have the development connected to the Water
Authority's public water system will be acted upon after the site's water-
supply infrastructure has been installed in accordance with the WAC
specifications, and passed specified tests.
The Authority shall not be held responsible for delays and/or additional costs
incurred by the developer due to the developer's failure to provide sufficient
notice to the Authority.”
National Roads Authority
“As per your memo dated March 12, 2009 the NRA has reviewed the above-
mentioned planning proposal. Please find below our comments and
recommendations based on the site plan provided.
Boundary Plans
The proposed development respects Boundary Plans 9 & 510.
Road Capacity Issues
Given the nature of the proposed development it was not possible to accurately
estimate the traffic demand for the site. However, the impact of the proposed
45
development onto Sheddon Road and the proposed airport access road is
considered to be minimal.
Access and Traffic Management Issues
The proposed airport access road extension (Boundary Plan 510) has not been
build yet and funds to construct it have not yet been budgeted.
Hence, the applicant is not required to construct the six (6) foot sidewalk along
Boundary Plan 510. If the applicant chooses to construct the sidewalk it must be
to NRA standards.
If the applicant wishes to increase access to their site by utilising the "proposed
airport access road extension", the NRA would accept the use of a temporary
driveway along Boundary Plan 510 on parcel 83. Alternatively, construction of
the entrance/exit onto the "proposed airport access road extension" should be
delayed until the construction of the road is complete.
Two-way driveway aisles shall be a minimum of twenty-two (22) ft wide.
Entrance and exit curves shall have no less than fifteen (15) feet radius curves,
and widths of twenty-four (24) feet.
Tire stops (if used) shall be place in parking spaces such that the length of the
parking space is not reduced below the sixteen (16) feet minimum.
Stormwater Management Issues
The applicant is encouraged to implement state-of-the-art techniques that manage
stormwater runoff within the subject parcel and retain existing drainage
characteristics of the site as much as is feasible through innovative design and
use of alternative construction techniques. However, it is critical that the
development be designed so that post-development stormwater runoff is no worst
than pre-development runoff. To that effect, the following requirements should be
observed:
The applicant shall demonstrate, prior to the issuance of any Building
Permits, that the Stormwater Management system is designed to embrace
storm water runoff produced from a rainfall intensity of 2 inches per hour for
one hour of duration and ensure that surrounding properties and/or nearby
roads are not subject to stormwater runoff from the subject site.
The stormwater management plan shall include spot levels (existing and
finished levels) with details of the overall runoff scheme. Please have
applicant provide this information prior to the issuance of a building permit.
Construct a gentle 'hump' at the entrance/exit (along the entire width of each
driveway) in order to prevent stormwater runoff from and onto Sheddon Road
and the proposed airport access road. Suggested dimensions of the 'hump'
would be a width of 6 feet and a height of 2-4 inches. Trench drains often are
not desirable.
Curbing is required for the parking areas to control stormwater runoff.
46
Roof water runoff should not drain freely over the parking area or onto
surrounding property. Note that unconnected downspouts are not acceptable.
We recommend piped connection to catch basins or alternative stormwater
detention devices. If catch basins are to be networked, please have applicant
to provide locations of such wells along with details of depth and diameter
prior to the issuance of any Building Permits.
At the inspection stage for obtaining a Certificate of Occupancy, the applicant
shall demonstrate that the installed system will perform to the standard given.
The National Roads Authority wishes to bring to the attention of the Planning
Department that non-compliance with the above-noted stormwater requirements
would cause a road encroachment under Section 16 (g) of The Roads
(Amendment) Law, 2004 (Law 11 of 2004). For the purpose of this Law, Section
16(g) defines encroachment on a road as
"any artificial canal, conduit, pipe or raised structure from which any water or
other liquid escapes on to any road which would not but for the existence of such
canal, conduit, pipe or raised structure have done so, whether or not such canal,
conduit, pipe or raised structure adjoins the said road;"
Failure in meeting these requirements will require immediate remedial measures
from the applicant.”
PLANNING DEPARTMENT ANALYSIS
General
This application was adjourned on May 7, 2007 for a revised site plan that
accommodates the proposed Airport Access Road Scheme as detailed by the
NRA. Revised plans were submitted and the applicant is seeking planning
permission for commercial/retail units, 10 apartment units, and warehouse units
(35,985 square foot, 2-storey mixed-use building) to be located opposite Horizon
Autos. The ground floor would be retail units and the second floor apartments
and commercial units. In addition, two separate buildings are proposed for
warehouse storage.
Major Development Application
Pursuant to Section 6 of the Development and Planning Law (2005 Revision), the
Central Planning Authority has the responsibility of reviewing major development
applications with respect to: a) the potential impact on the Island's infrastructure;
and b) other issues of national importance. The subject application qualifies as a
major application with respect to Section 6 (2)( c). Accordingly, the Authority
must review this application with specific consideration given to Sections 6 (1),
(3), (4), (5), (6) and Section 7. The following outline has been formulated to
assist the Authority in reviewing the application with respect to the
aforementioned sections of the Law. The Department has included responses for
each section of the Law for the Authority's consideration.
47
Sec 6 (1) (a) Considered the likely impact of the proposed development on the
infrastructure of the Islands as well as on the educational, social, medical and
other aspects of life in the Islands and found that:
Response: The Authority has determined that the impact of the proposed
development will be minimal.
Sec 6 (1) (b) Considered whether there are other issues of national importance
which are relevant to the determination of the application for development and
require evaluation and found that:
Response: There are no other such aspects.
Sec 6 (1) (c) Considered whether there are technical or scientific aspects of the
proposed development which are of so unfamiliar a character as to jeopardise a
proper determination of the question unless there is a special inquiry for the
purpose and found that:
Response: There are no such aspects.
Sec 6 (1) (d) Identified and investigated the considerations relevant to, or the
technical and scientific aspects of, the proposed development which in the opinion
of the Authority were relevant to the question whether the application should be
approved and found that:
Response: There are no such aspects identified in 6(1)(c) that need to be
investigated.
Sec 6 (1) (e) Assessed the importance to be attached to those considerations or
aspects and found that:
Response: There are no considerations to be assessed.
Sec 6 (3) The Chairman informed the Authority that the Law gave the Authority
the discretion whether to permit the applicant for planning permission an
opportunity to appear before the Authority and to be heard by five or more
Members of the Authority and decided that:
Response: The applicant is not scheduled to address the Authority.
Sec 6 (4) The Authority considered whether the development proposed in the
application should instead be carried out at an alternative site and found that:
Response: The Authority concluded that the site was suitable for the proposed
development.
Sec 6 (5) The Authority noted that it may arrange for the carrying out of research
of any kind appearing to it to be relevant to an application referred to it and
decided that:
Response: No additional research is necessary based on the consideration given
to items 6(1)(a-e).
Sec 6 (6) The Authority noted that it may hold an inquiry, if it thinks it necessary,
for the proper discharge of its functions and decided that:
48
Response: An inquiry is deemed not necessary.
Sec 7 The Authority noted that it shall, to the greatest possible extent consistent
with its duties under the Law, consult with departments and agencies of the
Government having duties or having aims or objects related to those of the
Authority and decided that:
Response: The Authority considered and took into account the agency reports
presented thus far.
Development Plan
The application is in general conformity with the provisions of The Development
Plan 1997.
Zoning
The property is zoned General Commercial and while the proposed use is a
permitted use per Regulation 13(1), the Department would offer the following
comments regarding specific issue noted below. It should be pointed out that
warehouse storage units were granted planning permission on September 7, 2005
(CPA/21/05; Item 2.37) on the adjoining parcel (20B 84).
Specific Issue
a) Site layout
The NRA has indicated that if the applicant wishes to increase access to their
site by utilising the proposed airport access road extension, the NRA would
accept the use of a temporary driveway along Boundary Plan 510 on parcel
83.
2. 8 JENNY MANDERSON Block 4E Parcel 179 (F09-0061) (P09-0244) ($2,500)
(BES)
Application for subdivision/combination.
FACTS
Location Rev. Blackman Road, West Bay
Zoning HDR
Notice Requirements No Objectors
Parcel Size .4483 acres
BACKGROUND
No previous CPA action.
Decision: It was resolved to adjourn the application, for the following reason:
1. The Department will contact the applicant in order to discuss options for
improving and relocating the existing right-of-way leading to parcel 695.
49
PLANNING DEPARTMENT ANALYSIS
General
The application is for a two-lot subdivision/combination adjacent to the Lord's
Church on Rev. Blackman Road West Bay. Lot "A" would be combined with
Parcel 649 and lot "B" (13,300 sq. ft.) will remain as a separate parcel. The
application complies with the minimum requirements of the Development and
Planning Regulations.
Zoning
The property is zoned High Density Residential and while the proposed use is a
permitted use per Regulation 9 (6), the Department would offer the following
comment regarding specific issue noted below.
Specific Issue
a) Easement to Adjacent Lands
The parcel to the rear of the subject lands, 4E 695, has an existing dwelling
with a driveway over proposed lot B. However, parcel 695 does not have a
vehicular right-of-way over lot B, instead it has a pedestrian right-of-way.
Additionally, the pedestrian right-of-way is located on the eastern portion of
lot B, not where the existing driveway is located. The Authority should
consider whether it has jurisdiction to try and rectify this access issue.
50
2. 9 TORTUGA RUM CO. Block 14C Parcel 341 (F88-0405) (P09-0223)
($125,000) (KB)
Application for a change-of-use from a warehouse to a commercial children's play
centre.
Mr. Arek Joseph declared a conflict and left the meeting room.
FACTS
Location Tortuga Warehouse, North Sound Road,
George Town
Zoning LI
Notice Requirements No Objectors
Parcel Size 2.2700 acres
Current Use Warehouse
Proposed Use Commercial
Building Size 6,017 sq. ft.
Building Coverage 8.8%
Parking Coverage 14.8%
Total Site Coverage 24%
Existing Parking 33
Proposed Handicapped Spaces 2
Required Handicapped Spaces 2
Required Parking 30
BACKGROUND
March 10, 2004 (CPA/05/04; Item 2.9) - The Authority granted planning
permission for a warehouse extension.
Decision: It was resolved to adjourn the application, for the following reason:
1. The Department is directed to meet with the applicant and the National Roads
Authority to resolve the access issue.
AGENCY COMMENTS
Comments from the Water Authority and Building Control Unit are noted below.
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Water Authority
“Wastewater Treatment:
The developer shall provide an on-site aerobic wastewater treatment system
with a treatment capacity of at least 2,400 US gallons per day (gpd). The
required capacity is based on the following:
The developer shall submit a proposal for the provision of an aerobic
wastewater treatment system(s) certified to produce an effluent quality of 30
mg/l BOD5 and 30 mg/l Suspended Solids which discharges, via gravity flow,
to an effluent disposal well constructed in strict accordance with the
Authority's standards.
Proposals shall include the following information:
1. Indicate the make, model and quantity of a certified package plant(s) that will
be installed to meet the above requirements. If there is more than one building
or system, clearly indicate which building(s) are to be served by which
system(s).
2. Indicate, on a site sketch, the proposed layout of flows from building(s) to
system(s) to well(s). The location of the system(s) shall comply with the
minimum setback requirements of the Planning Department and provide easy
access for operation, maintenance and inspection. Disposal wells shall be
located at least 100 feet from the mean high waterline of any water body (sea,
lakes, canals, etc.), or as far as practical given lot dimensions.
3. Indicate the ground floor level of the building(s) relative to the groundwater
level at the site. This information is necessary to determine whether a lift
station is necessary to meet the requirement that the discharge pipe from the
treatment system enters the disposal well at a height of at least two feet above
the water level in the well.
4. If a lift (pumping) station is necessary, it shall be installed upstream of the
treatment system, to ensure that the discharge from the treatment system to
the disposal well is gravity-flow. Details of the proposed lift station
(dimensions of wet well, pump specifications) as well as details of any
proposed mechanism to split or distribute the flows, shall be submitted to the
Authority for approval.
Water Supply:
Please be advised that the proposed development site is located within the Water
Authority's piped water supply area.
The developer is required to notify the Water Authority's Engineering Services
at 949-2837, without delay, to be advised of the site-specific requirements for
connection.
The developer is required to provide the water-supply infrastructure, specified
by the Authority, within the site.
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The developer shall submit plans for the installation of the specified
infrastructure to the Authority for approval.
The site's water-supply infrastructure shall be installed to the Authority's
specifications, under the Authority's supervision. Copies of the Authority's
specifications are available at the Water Authority's office on Red Gate Road.
The developer's request to have the development connected to the Water
Authority's public water system will be acted upon after the site's water-
supply infrastructure has been installed in accordance with the WAC
specifications, and passed specified tests.
The Authority shall not be held responsible for delays and/or additional costs
incurred by the developer due to the developer's failure to provide sufficient
notice to the Authority.”
Building Control Unit
“More information on the intended use of this space is required. There is no
building code designation as industrial. This appears to be an assembly party
area for children.
1. 2 exits are required from the party room corridor to the exterior.
It is unclear what occupancy use is upstairs and how fire ratings and exits are to
be provided for.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for a change-of-use from a warehouse to a commercial
children's play center.
Zoning
The property is zoned Light Industrial and while the proposed use is a permitted
use per Regulation 12 (1) of the Development and Planning Regulations (2006
Revision), it does not comply with Regulation 12 (3): any other form of
development is permissible in an Industrial zone if it does not change the primary
use of the zone for industrial purposes. The proposed use is not industrial in
nature, but the Department is of the opinion that due to the many commercial uses
in the immediate vicinity, the proposed change of use will not be detrimental to
the surrounding areas.
Specific Issues
a) Aesthetics
The exterior of the existing building needs improvement. Per the submitted
plans, roll-up doors exist on the front of the building, which is not very
pleasing to the eye, especially with the proposed use. The Department
recommends improvement on the front side of the structure as well as the
parking area. More landscaping is recommended for the site.
53
b) Access
The National Roads Authority has provided comments requiring the applicant
to relocate the western access driveway to the far west corner of the site
instead of the present location. NRA is of the opinion that the current location
will interfere with the roundabout, while the Department is of the opinion that
the proposed driveway will be sufficient for the development.
2. 10 HAZARD MANAGEMENT Block 20E Parcel 10 (F02-0285) (P09-0348)
(KB)
Application for modification to delete condition 2 of planning permission which
requires the applicant to submit revised elevation drawings showing the maximum
33' building height measured from the average surrounding land at an elevation of
9.3' above mean sea level.
FACTS
Location Lyndhurst Avenue, off Crewe Road, South
of the Airport
Zoning MDR
Notice Requirements NA
Parcel Size 1.4080 acres
Current Use Vacant
Proposed Use Offices
BACKGROUND
March 9, 2009 (CPA/07/09; Item 2.18) - The Authority granted planning
permission for the new Cayman Islands National Emergency Operations Centre
and a 6' Chain Link Fence.
Decision: It was resolved that having regard to the Development Plan and other
material considerations it is expedient to modify planning permission. Now
therefore the Central Planning Authority in pursuance of Section 17 of the
Development and Planning Law (2008 Revision) hereby orders that planning
permission CPA/07/09; item 2.18 be modified to delete condition 2).
All other conditions of CPA/07/09; item 2.18 remain applicable.
LETTER FROM APPLICANT
“I thank the Director Kenneth Ebanks for meeting with us today for the NEOC
project.
This letter is to clarify the reasons why we are requesting additional heights for
the National Emergency Operations Center Building that is greater than the
54
requirements of the CPA.
We have to maintain certain heights to meet the 13 foot criteria required between
floors because of the nature of the Building's Computer floors and redundancy of
the A/C ducting that has to be put in place in the Command Room,
Communication Center, and all critical areas of the building in addition to the
Steel Joist that span the large area that exists in some of the rooms that could not
have any column for additional support.
The minimum heights between floor to ceiling, for the Incident Command Room
and the Communications Room plus other critical areas have to be 10 feet for the
Operators, Governor, his staff and his Cabinet to be able to observe the visual
incidents that would appear on the screen in front of everyone. The remainder of
the space above and below has to contain all mechanical, electrical and
communication services with redundancy. Therefore a 13 feet heights between
floors is the minimum we require in order to make this building meet the functions
intended for.
We humbly request a variance of the building heights from 33 feet to 35 feet plus
the variance in grade levels from 9 feet to 14 feet, as land slopes from 17 feet to
7.5 feet. Most of the building is placed on the highest point of the elevation. A
minimum requirement was place for the building to be at 12 feet for the
survivability of the building in a storm similar to Ivan.
We thank you for your consideration.”
PLANNING DEPARTMENT ANALYSIS
The applicant is requesting a modification to delete condition 2 of planning
permission which requires the applicant to submit revised elevation drawings
showing the maximum 33' building height measured from the average
surrounding land at an elevation of 9.3' above mean sea level.
The applicant wishes to request a variance to the height requirement per
Regulation 8 (2) (c) of the Development and Planning Regulations (2006
Revision) for a second time. A letter explaining the reasons for the proposed
height has been submitted to the Department and is attached. The applicant is
requesting a total height of 49.15 feet above mean sea level, while a total of 42.3
feet above sea level has been approved by the Authority. The applicant requires a
variance of 6.85 feet in building height.
55
2. 11 GARFIELD EWERS Block 24B Parcel 168 (F08-0083) (P09-0275) ($4,290)
(KB)
Application for a three (3) lot raw land strata subdivision.
This application should be considered in conjunction with P09-0342 below.
Mr. Darrell Ebanks declared a conflict and left the meeting room.
FACTS
Location Omega Drive, Spotts
Zoning LDR
Notice Requirements No Objectors
Advertisments NA
Parcel Size 13,024 sq. ft.
Current Use Duplex
Proposed Use Same
Building Coverage 24.4%
Existing Parking 4
Required Parking 2
BACKGROUND
March 19, 2008 - A duplex and two docks were approved administratively.
Decision: It was resolved to grant planning permission, subject to the following
condition:
1) The surveyor's final drawing shall include the surveyed dimensions of all
lots and shall be submitted to the Planning Department for approval prior to
the survey being registered.
PLANNING DEPARTMENT ANALYSIS
The application is for a three-lot strata subdivision, which includes two 400
square feet raw land strata lots (the parking spaces) and one remaining lot
(common area). Due to the Registrar of Lands requiring four units for any strata,
surveyors must now perform a raw land strata first before being able to strata a
duplex, as the Registrar will not count the parking spaces as units within the
building strata.
The Department has no concerns with the application.
56
2. 12 GARFIELD EWERS Block 24B Parcel 168 (F08-0083) (P09-0342) (KB)
Application for modification to planning permission for a lot size variance.
This application should be considered in conjunction with P09-0275 above.
Mr. Darrell Ebanks declared a conflict and left the meeting room.
FACTS
Location Omega Drive, Spotts
Zoning LDR
Notice Requirements NA
Advertisments NA
Parcel Size 13,024.0000 sq. ft.
Current Use Duplex
Proposed Use Same
Building Size 3,328 sq. ft.
Density 3
Building Coverage 25.6%
Existing Parking 4
Required Parking 2
BACKGROUND
19 March 2008 - a duplex and two docks were approved administratively.
Decision: It was resolved that having regard to the Development Plan and other
material considerations it is expedient to modify planning permission. Now
therefore the Central Planning Authority in pursuance of Section 17 of the
Development and Planning Law (2008 Revision) hereby orders that planning
permission be modified to allow the existing lot size and site coverage.
All other conditions of the initial administrative approval remain applicable.
PLANNING DEPARTMENT ANALYSIS
The applicant is requesting a modification to planning permission in order to
obtain a variance to both the lot size requirement and site coverage allowance.
In March 2008, a duplex was approved administratively under the impression that
the size of the lot exceeded the required lot size of 13,500 square feet per
Regulation 9 (8) (e) of the Development and Planning Regulations (2006
Revision).
57
A raw land strata subdivision has been submitted to the Department, which shows
the lot to only be 13,024 square feet, requiring a lot size variance of 476 square
feet.
The loss in property area brought the existing duplex to a site coverage of 25.6
percent. The applicant requires a site coverage variance of 0.6 percent per
Regulation 9 (8) (h).
2. 13 GERRY MANDERSON Block 15C Parcel 53 (F07-0490) (P09-0208)
($47,000) (CS)
Application for a two-bedroom house that will replace an existing house on this
parcel.
Mr. Ray Hydes declared a conflict and left the meeting room.
FACTS
Location On Fairlawn Road in South Sound Near
Fairbanks Road
Zoning MDR
Notice Requirements NA
Parcel Size 19,602 sq. ft.
Current Use 6 Houses
Proposed Use House
Building Size 722 sq. ft.
Density 13
Footprint 722 sq. ft.
Building Coverage 26%
Existing Parking 4
Required Parking 6
BACKGROUND
November 28, 2007 (CPA/35/07; Item 2.29) - The Authority granted planning
permission for a house.
Decision: It was resolved to grant planning permission, subject to the following
conditions:
1) The applicant is required to obtain a Building Permit from the Chief Building
Control Officer. Construction shall not commence prior to the issuance of a
Building Permit.
58
2) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans which you will receive when you have complied with the
above condition.
The applicant shall obtain a Final Certificate (of Fitness for Occupancy) prior to
occupying the building.
The applicant is reminded that the finished floor level should be at least five feet
(5') above mean sea level, [i.e. two feet (2') above the Vidal Bench Mark].
PLANNING DEPARTMENT ANALYSIS
General
The application is for a two-bedroom house that will replace an existing house on
this parcel. There are five other existing houses on this site.
Zoning
The site is zoned Medium Density Residential. The proposed use is allowed in the
zone, however the Department raises the following issues.
Specific Issues
a) Lot Size
The minimum lot size required for a house in the MDR zone is 10,000 sq. ft.
As there are 6 homes on the site, the minimum required lot size is 60,000 sq.
ft.
b) Density
The maximum density allowed is four (4) detached or semi-detached houses
per ace. The proposed density of the proposed development is 13 units per
acre.
c) Site Coverage
The maximum site coverage allowed in the MDR zone is 25% however the
overall site coverage of this site is 26%.
As there is no grandfather clause in the Development & Planning Regulations
regarding the continuance or rebuilding of developments that either never
received planning permission or do not comply with current regulations, the
Authority is recommended to discuss whether this development shall be
permitted to be rebuilt despite not complying with current lot size and density
regulations, which the development is severely non-compliant.
59
2. 14 GKL PROPERTIES LTD Block 14BH Parcel 167 (F07-0503) (P09-0201)
($6,000,000) (CS)
Application for a 33,304 square foot, 4 storey office building.
FACTS
Location At the northeast corner of Miss Keppie Lane
and Goring Avenue near Downtown George
Town
Zoning G COM
Notice Requirements No Objectors
Parcel Size 1.1700 acres
Current Use Residential/Commercial
Proposed Use Commercial
Building Size 33,304 sq. ft.
Building Coverage 20%
Parking Coverage 54%
Total Site Coverage 74%
Proposed Parking 94
Required Parking 89
BACKGROUND
February 5. 2008 (CPA/05/08; Item 2.9) - The Authority granted planning
permission for a 3-storey office building.
Decision: It was resolved to grant planning permission, subject to the following
conditions:
Conditions (1-4) listed below shall be met before building permit drawings can be
submitted to the Building Control Unit.
1) The applicant shall submit a site plan that shows a) the location and
dimensions of the wastewater treatment system and b) the location of the
disposal system to be installed in accordance with the Water Authority's
standards. The treatment system must be labeled as either a septic tank or an
aerobic wastewater treatment system, whichever is applicable.
2) The applicant shall provide a copy of the documentation submitted to the
Registrar of Lands to re-align the existing pedestrian easements.
3) The applicant shall submit, in accordance with the requirements of the
National Roads Authority and approved by the Central Planning Authority, a
Stormwater Management plan designed to contain storm water runoff
60
produced from a rainfall intensity of 2 inches per hour for one hour of
duration and ensure that surrounding properties that are lower, and/or
surrounding roads, are not subject to stormwater runoff from the subject site.
The plan shall include provisions for controlling roof runoff.
4) The applicant shall submit a landscape plan which shall be subject to review
and approval by the Central Planning Authority. It is suggested that the
landscape plan be prepared following the recommendations of the Draft
Cayman Islands Landscape Guidelines, found on the Planning Department's
website (www.planning.gov.ky) under Policy Development, Policy Drafts.
In addition to Building Permit requirements, conditions (5-6) listed below shall be
met before a Building Permit can be issued.
5) Construction drawings for the proposed wastewater treatment system and
disposal system shall be submitted to the Water Authority for review and
approval. The Central Planning Authority must receive confirmation of the
Water Authority’s approval.
6) The applicant shall submit a construction operations plan to the satisfaction of
the Director of Planning indicating in sufficient detail how the development
will be constructed without interfering with or obstructing adjacent roads and
properties. At a minimum, the plan shall indicate the location of material
storage, workers parking, site offices, portable toilets, construction fencing
and where applicable, the stockpiling of material excavated from the site and
material brought to the site for fill purposes.
7) The applicant is required to obtain a Building Permit from the Chief Building
Control Officer. Construction shall not commence prior to the issuance of a
Building Permit.
8) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans which you will receive when you have complied with all of
the above conditions.
Additionally, once construction has started, conditions (9-17) shall be complied
with before a final Certificate of Occupancy can be issued.
9) The existing pedestrian easements shall be re-aligned and registered.
10) The applicant shall install the approved wastewater treatment system and
disposal system in accordance with the requirements of the Water Authority
and the recommendations/instructions of the manufacturer of the wastewater
treatment system.
11) Miss Keppie Lane shall be paved from Goring Avenue to the eastern edge of
the driveway.
12) A six-foot wide concrete sidewalk along the road side property lines, and a 4
feet minimum in width landscape strip along the inside edge of the sidewalk.
61
13) The parking lot and driveway aisles surfaced with asphaltic concrete or
equivalent and tire stops provided for each parking space which shall be
striped.
14) Construction of the sidewalk, drain and driveway shall be to the satisfaction of
the Director of Planning in consultation with the National Roads Authority
15) The approved stormwater management system shall be installed on site.
16) Construct a gentle 'hump' at the entrance (along the entire width of the
driveway) in order to prevent stormwater runoff from and onto the adjacent
road.
17) Curbing is required for the driveway and parking areas to control stormwater
runoff.
The applicant shall obtain a Final Certificate (of Fitness for Occupancy) prior to
occupying the building.
The applicant is reminded that the finished floor level should be at least five feet
(5') above mean sea level, [i.e. two feet (2') above the Vidal Bench Mark].
Provision shall be made for the removal of solid waste, including construction and
demolition waste, from the site on a regular basis during the construction period.
The applicant shall provide adequate number of sanitary facilities during the
construction stage.
The applicant is also reminded that the proposed development is subject to
compliance with the Public Health Law, Fire Brigade Law, Water Authority Law
and Roads Law.
To prevent potential delays and save money, the applicant may wish to coordinate
with the following agencies prior to commencing any construction: Caribbean
Utilities Company, a Telecommunication Company of your preference and the
Cayman Water Company and/or the Water Authority - Cayman.
AGENCY COMMENTS
Comments from the Cayman Islands Airport Authority, Water Authority,
Building Control Unit and National Roads Authority are noted below.
Cayman Islands Airport Authority
“I refer to your letter dated March 12, 2009 regarding the application form for
the above Building. The Cayman Islands Airport Authority (CIAA) has no
objections to the proposed construction of the building, which does not penetrate
the Airport obstacle slope. However for your information the maximum height
allowed in this area is 140ft.”
Water Authority
“Please be advised that the Water Authority's requirements for this development
are as follows:
62
Wastewater Treatment:
The developer shall provide an on-site aerobic wastewater treatment system
with a treatment capacity of at least 3,800 US gallons per day (gpd).
The developer shall submit a proposal for the provision of an aerobic
wastewater treatment system(s) certified to produce an effluent quality of 30
mg/l BOD5 and 30 mg/l Suspended Solids which discharges, via gravity flow,
to an effluent disposal well constructed in strict accordance with the
Authority's standards.
Proposals shall include the following information:
1. Indicate the make, model and quantity of a certified package plant(s) that will
be installed to meet the above requirements. If there is more than one building
or system, clearly indicate which building(s) are to be served by which
system(s).
2. Indicate, on a site sketch, the proposed layout of flows from building(s) to
system(s) to well(s). The location of the system(s) shall comply with the
minimum setback requirements of the Planning Department and provide easy
access for operation, maintenance and inspection. Disposal wells shall be
located at least 100 feet from the mean high waterline of any water body (sea,
lakes, canals, etc.), or as far as practical given lot dimensions.
3. Indicate the ground floor level of the building(s) relative to the groundwater
level at the site. This information is necessary to determine whether a lift
station is necessary to meet the requirement that the discharge pipe from the
treatment system enters the disposal well at a height of at least two feet above
the water level in the well.
4. If a lift (pumping) station is necessary, it shall be installed upstream of the
treatment system, to ensure that the discharge from the treatment system to
the disposal well is gravity-flow. Details of the proposed lift station
(dimensions of wet well, pump specifications) as well as details of any
proposed mechanism to split or distribute the flows, shall be submitted to the
Authority for approval.
Water Supply:
Please be advised that the proposed development site is located within the Water
Authority's piped water supply area.
The developer is required to notify the Water Authority's Engineering Services
at 949-6352, without delay, to be advised of the site-specific requirements for
connection.
The developer is required to provide the water-supply infrastructure, specified
by the Authority, within the site.
The developer shall submit plans for the installation of the specified
infrastructure to the Authority for approval.
63
The site's water-supply infrastructure shall be installed to the Authority's
specifications, under the Authority's supervision. Copies of the Authority's
specifications are available at the Water Authority's office on Red Gate Road.
The developer's request to have the development connected to the Water
Authority's public water system will be acted upon after the site's water-
supply infrastructure has been installed in accordance with the WAC
specifications, and passed specified tests.
The Authority shall not be held responsible for delays and/or additional costs
incurred by the developer due to the developer's failure to provide sufficient
notice to the Authority.”
Building Control Unit
“No information is provided on whether the structure is sprinklered which will be
required on the fourth floor if the corridors in the office are not fire rated.
The corners of the building less than 15' from property lines are required to have
3/4 hour window protection.
The two exit stairs do not extend to the exterior of the structure or exit thru a
protected exit discharge.”
National Roads Authority
“As per your memo dated March 12th, 2009, the NRA has reviewed the above-
mentioned planning proposal. Please find below our comments and
recommendations based on the site plan provided.
Road Capacity Issues
The traffic demand to be generated by a commercial office development of 33,304
SF can easily be determined. Assuming a worst case traffic generation scenario,
the proposed development is being reviewed as an office complex project in
accordance to ITE Code 710. Thus, the assumed average trip rates GFA
provided by ITE for estimating the daily, AM and PM peak hour trips are 11.01,
1.56 and 1.49 respectively. The anticipated traffic to be added onto Goring
Avenue is as follows:
Expected AM Peak AM Peak AM Peak PM Peak PM Peak PM Peak
Daily Trip Hour Total 88% In 12% Out Hour Total 17% In 83% Out
Traffic Traffic
367 52 46 6 50 8 42
Based on these estimates, the impact of the proposed development onto Goring
Avenue is considered to be minimal.
Access and Traffic Management Issues
The applicant has made provisions for road widening along Goring Avenue to
NRA's satisfaction. The exit onto Miss Keppie Lane is to NRA's satisfaction.
64
Driveway aisles shall be a minimum of twenty-two (22) ft wide with entrance and
exit curves having no less than fifteen (15) feet radius curves. The one way
system proposed here has an acceptable driveway width.
The NRA is satisfied with the applicant's proposed sidewalk locations along
Goring Avenue and Miss Keppie Lane, within the property boundary, to NRA
standards.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for a 33,304 square foot, 4 storey office building. The site is
located at the northeast corner of Miss Keppie Lane and Goring Avenue near
downtown George Town.
This proposal was approved on February 5, 2008 however planning permission
has expired. The current application matches the proposal that was approved in
February 2008.
Major Development Application
Pursuant to Section 6 of the Development and Planning Law (2005 Revision), the
Central Planning Authority has the responsibility of reviewing major development
applications with respect to: a) the potential impact on the Island's infrastructure;
and b) other issues of national importance. The subject application qualifies as a
major application with respect to Section 6 (2) c). Accordingly, the Authority
must review this application with specific consideration given to Sections 6 (1),
(3), (4), (5), (6) and Section 7. The following outline has been formulated to
assist the Authority in reviewing the application with respect to the
aforementioned sections of the Law. The Department has included responses for
each section of the Law for the Authority's consideration.
Sec 6 (1) (a) Considered the likely impact of the proposed development on the
infrastructure of the Islands as well as on the educational, social, medical and
other aspects of life in the Islands and found that:
Response: There are no such impacts.
Sec 6 (1) (b) Considered whether there are other issues of national importance
which are relevant to the determination of the application for development and
require evaluation and found that:
Response: There are no other such aspects.
Sec 6 (1) (c) Considered whether there are technical or scientific aspects of the
proposed development which are of so unfamiliar a character as to jeopardise a
proper determination of the question unless there is a special inquiry for the
purpose and found that:
Response: There are no such aspects.
Sec 6 (1) (d) Identified and investigated the considerations relevant to, or the
technical and scientific aspects of, the proposed development which in the opinion
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of the Authority were relevant to the question whether the application should be
approved and found that:
Response: There are no such aspects that need to be investigated.
Sec 6 (1) (e) Assessed the importance to be attached to those considerations or
aspects and found that:
Response: There are no considerations to be assessed.
Sec 6 (3) The Chairman informed the Authority that the Law gave the Authority
the discretion whether to permit the applicant for planning permission an
opportunity to appear before the Authority and to be heard by five or more
Members of the Authority and decided that:
Response: The applicant is not scheduled to address the Authority.
Sec 6 (4) The Authority considered whether the development proposed in the
application should instead be carried out at an alternative site and found that:
Response: The Authority shall determine if the site is suitable for the proposed
development.
Sec 6 (5) The Authority noted that it may arrange for the carrying out of research
of any kind appearing to it to be relevant to an application referred to it and
decided that:
Response: No additional research is necessary based on the consideration given
to items 6(1)(a-e).
Sec 6 (6) The Authority noted that it may hold an inquiry, if it thinks it necessary,
for the proper discharge of its functions and decided that:
Response: An inquiry is not deemed necessary.
Sec 7 The Authority noted that it shall, to the greatest possible extent consistent
with its duties under the Law, consult with departments and agencies of the
Government having duties or having aims or objects related to those of the
Authority and decided that:
Response: The Authority considered and took into account the agency reports
presented thus far.
Development Plan
The application is in general conformity with the provisions of The Development
Plan 1997.
Zoning
The property is zoned General Commercial and while the proposed use is a
permitted use per Regulation 13 (1) (iv), the Department would offer comments
on certain specific issues addressed below.
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Specific Issues
a) Access
There are two 12-foot pedestrian easements on Parcel 30 that provide access
to the properties to the east and north. The existing uses of the adjacent
properties are residential. The applicant has maintained access to the
easements through access drives through the proposed parking lot.
The applicant is proposing to widen and pave a portion of Miss Keppie Lane
to 24 feet, up to the development's driveway.
The applicant has worked with NRA to design a partial realignment and
widening of Miss Keppie Lane, widening of Goring Avenue and maintaining
access to adjacent properties. NRA has no objection to the proposal.
2. 15 HOWARD C. CAMPBELL Block 19E Parcel 87 (F08-0070) (P09-0227)
($150,000) (DE)
Application for a 2,933 square foot, 2-storey warehouse building with ancillary
offices.
FACTS
Location Adjacent to CUC Compound, North Sound
Road
Zoning HI
Notice Requirements No Objectors
Parcel Size .3000 acres
Current Use House
Proposed Use Warehouse/Office
Building Size 2,933 sq. ft.
Building Coverage 18%
Parking Coverage 26%
Total Site Coverage 44%
Existing Parking 1
Proposed Handicapped Spaces 1
Proposed Parking 8
Required Handicapped Spaces 1
Required Parking 6
Number of Units 1
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BACKGROUND
April 2, 2008 (CPA/13/08; Item 2.15) - It was resolved to grant planning
permission for a change-of-use from residential to industrial workshop. This
permission has expired.
Decision: It was resolved to grant planning permission, subject to the following
conditions:
Conditions (1-3) listed below shall be met before building permit drawings can be
submitted to the Building Control Unit.
1) The applicant shall submit revised elevation drawings showing aesthetic
improvements to the building to the satisfaction of the Director of Planning.
2) The applicant shall submit, in accordance with the requirements of the
National Roads Authority and approved by the Central Planning Authority, a
Stormwater Management plan designed to contain storm water runoff
produced from a rainfall intensity of 2 inches per hour for one hour of
duration and ensure that surrounding properties that are lower, and/or
surrounding roads, are not subject to stormwater runoff from the subject site.
The plan shall include provisions for controlling roof runoff.
3) The applicant shall submit a landscape plan which shall be subject to review
and approval by the Central Planning Authority. It is suggested that the
landscape plan be prepared following the recommendations of the Draft
Cayman Islands Landscape Guidelines, found on the Planning Department’s
website (www.planning.gov.ky) under Policy Development, Policy Drafts.
In addition to Building Permit requirements, condition (4) listed below shall be
met before a Building Permit can be issued.
4) The applicant shall submit a construction operations plan to the satisfaction of
the Director of Planning indicating in sufficient detail how the development
will be constructed without interfering with or obstructing adjacent roads and
properties. At a minimum, the plan shall indicate the location of material
storage, workers parking, site offices, portable toilets, construction fencing
and where applicable, the stockpiling of material excavated from the site and
material brought to the site for fill purposes.
5) The applicant is required to obtain a Building Permit from the Chief Building
Control Officer. Construction shall not commence prior to the issuance of a
Building Permit.
6) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans which you will receive when you have complied with all of
the above conditions.
Additionally, once construction has started, conditions (7-14) shall be complied
with before a final Certificate of Occupancy can be issued.
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7) If the applicant proposes to utilize an existing septic tank and/or disposal well,
they shall verify that it meets Water Authority’s standards. In this case the
septic tank should have a volume of no less than 750 US Gallons.
8) The installation of floor drains in service areas of a facility should be avoided,
if possible. If floor drains are installed, they shall be plumbed to an oil/water
separator. The applicant is required to contact the Water Authority to provide
details on wash equipment that will be installed (e.g., hose, high-pressure
wash wands, mop sink) for determination of the capacity of separator
required. Best Management Practices (BMPs) shall be used at industrial
facilities to prevent contamination of water resources by accidental or
intentional spills of hazardous materials stored / used at the facility. BMP
brochures can be obtained by contacting the Water Authority’s Development
Control Division at 949-6352.
9) A six-foot wide concrete sidewalk along the road side property lines, and a 4
feet minimum in width landscape strip along the inside edge of the sidewalk.
10) The parking lot and driveway aisles surfaced with asphaltic concrete or
equivalent and tire stops provided for each parking space which shall be
striped.
11) Construction of the sidewalk, drain and driveway shall be to the satisfaction of
the Director of Planning in consultation with the National Roads Authority
12) The approved stormwater management system shall be installed on site.
13) Construct a gentle 'hump' at the entrance (along the entire width of the
driveway) in order to prevent stormwater runoff from and onto the adjacent
road.
14) Curbing is required for the driveway and parking areas to control stormwater
runoff.
The applicant shall obtain a Final Certificate (of Fitness for Occupancy) prior to
occupying the building.
The applicant is reminded that the finished floor level should be at least five feet
(5') above mean sea level, [i.e. two feet (2') above the Vidal Bench Mark].
Provision shall be made for the removal of solid waste, including construction
and demolition waste, from the site on a regular basis during the construction
period.
The applicant shall provide adequate number of sanitary facilities during the
construction stage.
The applicant is also reminded that the proposed development is subject to
compliance with the Public Health Law, Fire Brigade Law, Water Authority Law
and Roads Law.
To prevent potential delays and save money, the applicant may wish to coordinate
with the following agencies prior to commencing any construction: Caribbean
69
Utilities Company, a Telecommunication Company of your preference and
the Cayman Water Company and/or the Water Authority - Cayman.
AGENCY COMMENTS
Comments from the Building Control Unit, Water Authority, Chief Fire Officer
and National Roads Authority are noted below.
Building Control Unit
“It is not clear what is being proposed. The site plan from a previous permit
shows another structure on this lot which will impact this project.
The exit stair is required to be in a one hour fire rated enclosure and continuous
to the exterior. The lavatory sink will have to be relocated in the accessible
bathroom. The overhead door is too close to the property line.”
Water Authority
“Please be advised that the Water Authority’s requirements for this development
are as follows:
Wastewater Treatment:
If the developer proposes to utilize an existing septic tank and/or disposal
well, they shall verify that it meets Water Authority’s standards. In this case
the septic tank should have a volume of no less than 750 US Gallons.
The installation of floor drains in service areas of a facility should be avoided,
if possible. If floor drains are installed, they shall be plumbed to an oil/water
separator. The developer is required to contact the Authority to provide
details on wash equipment that will be installed (e.g., hose, high-pressure
wash wands, mop sink) for determination of the capacity of separator
required. Best Management Practices (BMPs) shall be used at industrial
facilities to prevent contamination of water resources by accidental or
intentional spills of hazardous materials stored / used at the facility. BMP
brochures can be obtained by contacting the Authority’s Development Control
Division at 949-6352.
Water Supply:
Please be advised that the proposed development site is located within the
Water Authority’s piped water supply area.
The developer is required to notify the Water Authority’s Engineering
Services at 949-6352, without delay, to be advised of the site-specific
requirements for connection.
The developer is required to provide the water-supply infrastructure, specified
by the Authority, within the site.
The developer shall submit plans for the installation of the specified
infrastructure to the Authority for approval.
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The site’s water-supply infrastructure shall be installed to the Authority’s
specifications, under the Authority’s supervision. Copies of the Authority’s
specifications are available at the Water Authority’s office on Red Gate Road.
The developer’s request to have the development connected to the Water
Authority’s public water system will be acted upon after the site’s water-
supply infrastructure has been installed in accordance with the WAC
specifications, and passed specified tests.
The Authority shall not be held responsible for delays and/or additional costs
incurred by the developer due to the developer’s failure to provide sufficient
notice to the Authority.”
Chief Fire Officer
“Approved For Planning Permit Only.”
National Roads Authority
“As per your memo dated February 25th , 2008 the NRA has reviewed the above-
mentioned planning proposal. Please find below our comments and
recommendations based on the site plan provided.
Access and Traffic Management Issues
North Sound Road was declared a fourty (40) ft public road under BP12 in 1977.
Provisions for such width should be made until such time for widening occurs.
Therefore, parking should be relocated.
Driveway aisles shall be a minimum of twenty-two (22) ft wide with entrance and
exit curves having no less than fifteen (15) feet radius curves.
A six (6) foot sidewalk shall be constructed on the proposed access road, within
the property boundary, to NRA standards.
Road Capacity Issues
Based on the assumption of 1,269 sq. ft. of commercial space, the traffic demand
to be generated by a commercial development can easily be determined.
Assuming a worst case traffic generation scenario, the proposed development is
being reviewed as shopping center complex project in accordance to ITE Code
820. Thus, the assumed average trip rates per 1,000 sq. ft of GLA provided by
ITE for estimating the daily, AM and PM peak hour trips are 42.92, 1.02 and 3.74
respectively. Based on these estimates, the impact of the proposed development
onto North Sound Road is considered to be minimal.
Stormwater Management Issues
The applicant is encouraged to implement state-of-the-art techniques that manage
stormwater runoff within the subject parcel and retain existing drainage
characteristics of the site as much as is feasible through innovative design and
use of alternative construction techniques. However, it is critical that the
development be designed so that post-development stormwater runoff is no worst
than pre-development runoff. To that effect, the following requirements should be
observed:
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The applicant shall demonstrate, prior to the issuance of any Building
Permits, that the Stormwater Management system is designed to embrace
storm water runoff produced from a rainfall intensity of 2 inches per hour for
one hour of duration and ensure that surrounding properties and/or nearby
roads are not subject to stormwater runoff from the subject site.
The stormwater management plan shall include spot levels (existing and
finished levels) with details of the overall runoff scheme. Please have
applicant provide this information prior to the issuance of a building permit.
Construct a gentle ‘hump’ at the entrance (along the entire width of the
driveway) in order to prevent stormwater runoff from and onto North Sound
Road.
Curbing is required for the parking areas to control stormwater runoff.
Roof water runoff should not drain freely over the parking area or unto
surrounding property. Note that unconnected downspouts are not acceptable.
We recommend piped connection to catch basins in or near the parking lot. If
catch basins are to be networked, please have applicant to provide locations
of such wells along with details of depth and diameter prior to the issuance of
any Building Permits.
At the inspection stage for obtaining a Certificate of Occupancy, the applicant
shall demonstrate that the installed system will perform to the standard given.
The National Roads Authority wishes to bring to the attention of the Planning
Department that non-compliance with the above-noted stormwater requirements
would cause a road encroachment under Section 16 (g) of The Roads
(Amendment) Law, 2004 (Law 11 of 2004). For the purpose of this Law, Section
16(g) defines encroachment on a road as
"any artificial canal, conduit, pipe or raised structure from which any water or
other liquid escapes on to any road which would not but for the existence of such
canal, conduit, pipe or raised structure have done so, whether or not such canal,
conduit, pipe or raised structure adjoins the said road;"
Failure in meeting these requirements will require immediate remedial measures
from the applicant.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for a 2,933 square foot, 2 storey warehouse building with
ancillary offices. The site is adjacent to CUC Electricity Compound located on
North Sound Road.
Zoning
The subject parcel is zoned Heavy Industrial and while the proposed use is a
permitted use per Regulation 12 (1), the Department would offer comments on
certain specific issues addressed below.
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Specific Issues
a) Building design
The design of the building is that of a basic warehouse. The Authority is often
interested in obtaining aesthetic improvements for these types of buildings and
should give consideration to this issue in this instance.
2. 16 FRANK HALL HOLDINGS Block 25C Parcel 1 (FA89-0086) (P09-0167)
(FA89-0086) ($20,000) (CS)
Application for an additional twenty four (24) lots within a previously approved
140 lot residential subdivision.
Mr. Robert Watler declared a conflict and left the meeting room.
FACTS
Location In Spotts, east of Poindexter Road on the
north and south side of the E-W Bypass
Zoning LDR
Notice Requirements No Objectors
Parcel Size 58.8 acres
Current Use Subdivision
Density 2.5
Allowable Density 3
BACKGROUND
December 12, 2007 (CPA/37/07; Item 2.7) - The Authority granted planning
permission for a 140-lot residential subdivision.
Decision: It was resolved to grant planning permission, subject to the following
conditions:
1) Prior to the commencement of any site works such as filling, grading and road
construction, the applicant shall submit the following:
a) A stormwater management plan prepared in accordance with the
requirements of the Managing Director, NRA, in consultation with
MRCU, and approved by the Central Planning Authority. The plan shall
be designed to embrace storm water runoff produced from a rainfall
intensity of 2 inches per hour for one hour of duration and should include,
but not be limited to, the location of all drainage facilities and general
grading details of the site (roads included). In general, the entire site shall
be graded in such a manner that stormwater runoff is no more than that
which occurred during predevelopment conditions along private
73
boundaries with any excess runoff directed to one central drainage facility
or a series of facilities.
2) Prior to the subdivision plan being finalized, the following conditions shall be
satisfied:
a) The property shall be filled in such a manner as to ensure that the
subdivision road and a reasonable building envelope for each lot are filled
to 4 feet above mean sea level, with the remaining subdivision land being
filled and/or graded to a level that will assist in the drainage of the
subdivision per the stormwater management plan required in condition 1)
a) above. After filling the site, the applicant shall submit a plan prepared
by a registered land surveyor indicating spot heights at regular intervals,
including the finished grade of constructed access road (s), if any.
b) The approved stormwater management system shall be installed on site.
c) The final subdivision plan shall indicate a vehicular easement over the
subdivision access road in favour of each lot. The final plan must be
accompanied with the requisite grant of easement forms detailing the
easements to be registered.
d) The access road (s) abutting the proposed lots shall have a minimum of a
30' demarcated road parcel and shall be constructed with asphalt and
approved by the Central Planning Authority prior to the lots being
registered. The applicant shall liaise with the Managing Director, National
Roads Authority (NRA), at predetermined stages of road construction to
ensure compliance with the requisite standards. Failure to do so may
render the project unacceptable. Please be advised that the road base shall
be constructed to National Roads Authority (NRA) minimum design and
construction specifications for subdivision roads. The NRA shall inspect
and certify road base construction prior to road surfacing activities.
e) The applicant shall provide water infrastructure for the entire sub-division.
The applicant shall submit plans for the water supply system for approval
by the Water Authority. The water supply system shall be installed to the
Water Authority's specifications, under the Water Authority's supervision.
Copies of these specifications are available at the Water Authority's office
on Red Gate Road.
f) The applicant shall request to have the sub-division connected to the
Water Authority's public water system. This request will be acted upon
after the pipelines on the sub-division have been installed in accordance
with the WAC specifications and have passed all specified tests.
g) The surveyor's final drawing shall be submitted to the Planning
Department for approval prior to the survey being registered. The
applicant shall notify the Chief Surveyor in writing once survey Kaps have
been placed in the ground in order for the survey to complete its
authentication process and to thereby initiate lifting of the Parcel Survey
Restrictions by the Registrar of Lands.
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AGENCY COMMENTS
Comments from the Department of Environment and Water Authority are noted
below.
Department of Environment
“The Department's Technical Review Committee commented on previous
applications for the partial subdivision of this property in 2007. The DOE has
reviewed this application for an expansion to the subdivision and submits the
following comments for consideration.
1) Examples of LPP cited in the Development and Planning Regulations (2005
Revision) include children's playgrounds, sports fields, parks, churches and
public rights of way. The DOE regards these provisions as intent to maintain
usable green-space within developing communities, retain some
environmental value and facilitate recreational benefit to subdivision
residents. The DOE therefore questions the suitability of the bypass corridor
as LPP as assigned on the plan. The DOE requests that the applicant design
the subdivision to include LPP areas as valuable amenities and in locations
that will best serve the needs of the subdivision residents as intended by the
Development and Planning Regulations.
2) The site is situated within a low-lying wetland area that is prone to routine
flooding. This flooding is likely to be a persistent issue of concern for home
owners in the proposed subdivision. A storm water management plan must be
developed in coordination with the NRA. The plan should have the objectives
of flood prevention and onsite treatment and control of storm water runoff.
The DOE suggests use of the following storm water management methods if
they can be included to complement NRA's recommendations.
a. Measures to control the sources of runoff, e.g. minimal use of impervious
surfaces and use of pervious materials (e.g. wood or recycled rubber
mulch or grass cellular paving) where possible (e.g. sidewalks and
driveways).
b. Maintain natural storm water flows and promote infiltration (e.g. use of
storm drains, vegetated swales and strategic landscape planning).
Integration of pervious ground cover and vegetated areas into the
subdivision design will limit disruption of natural drainage and promote
infiltration at the source thereby controlling runoff volume and velocity.
c. When filling and grading individual lots, raising the house footprint above
surrounding areas will allow runoff to flow away from buildings during
storms. This filling method will also alleviate fill requirements.
3) Existing vegetation should be preserved wherever possible and incorporated
into the storm water management plan and landscaping scheme. Clearance of
vegetation should be restricted to required roadways and installation of
services until development of individual lots is imminent. This practice will
help reduce the risk of soil erosion and assist in storm water management.
Additionally, future subdivision lot owners should be encouraged to keep
75
vegetation on their parcel until they are ready to begin construction. When
vegetation must be cleared it should be chopped / mulched (not burned) and
used on the site in landscaping.
4) The use of native vegetation is encouraged in landscaping. Landscaping with
non-native species can be costly to establish and maintain as they typically
require more water and fertilizer than those species adapted to local
conditions. The applicant is encouraged to liaise with the DOE regarding
suitable vegetation options to complement subdivision landscaping and storm
water management plans.”
Water Authority
“Please be advised that the Water Authority's requirements for this development
are as follows:
Water Supply:
Please be advised that the proposed development site is located within the Water
Authority's piped water supply area.
The developer is required to notify the Water Authority's Engineering Services
at 949-2837, without delay, to be advised of the site-specific requirements for
connection.
The developer is required to provide the water-supply infrastructure, specified
by the Authority, within the site.
The developer shall submit plans for the installation of the specified
infrastructure to the Authority for approval.
The site's water-supply infrastructure shall be installed to the Authority's
specifications, under the Authority's supervision. Copies of the Authority's
specifications are available at the Water Authority's office on Red Gate Road.
The developer's request to have the development connected to the Water
Authority's public water system will be acted upon after the site's water-
supply infrastructure has been installed in accordance with the WAC
specifications, and passed specified tests.
The Authority shall not be held responsible for delays and/or additional costs
incurred by the developer due to the developer's failure to provide sufficient
notice to the Authority.
The infrastructure previously approved for Phases I and II can supply Phase
III
Wastewater Treatment:
Please be advised that wastewater treatment and disposal requirements for
built development are subject to review by the Water Authority.”
LETTER FROM APPLICANT
“As you are aware, permission was previously granted for the entire subdivision
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of parcel 25C1, which included 5 proposed multi-family site. The 2 areas south of
the main road area already registered, whilst the 3 to the north are part of the
current Phase 3 subdivision survey work. Note that these 5 sites had originally
been intended for possible strata type developments, but recent market research
has shown that there is little interest in this. The developer therefore now wishes
to create single family (12,500 sw.ft.) lots, in keeping with the immidiately
surrounding parcels.
Please note that LPP for the entire 25C1 parcel has been previously provided,
and so no further allocation is included. All new lots will be served by the internal
subdivision road network approved for earlier phases, and there will be no
additional direct access off the East-West arterial road.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for an additional 24 lots within a previously approved 140 lot
residential subdivision.
Zoning
The site is zoned Low Density Residential. The increased number of lots complies
with the Development & Planning Regulations for density, lot size and lot width.
Specific Issues
a) Approved Land Use Plan
The underlying subdivision included a land use plan that designated MF1-
MF5 as multi-family lots. Planning notes that the applicant's original intent for
this portion of the site was for single-family development, however through
the course of the review, it was recommended the applicant provide for multi-
family development.
The applicant has conducted his own market research and has found that semi-
detached homes/apartments are not in demand for the lower price ranges his
development is targeting. Therefore, the applicant wishes to continue with
single-family freehold lots that are being developed and successfully sold
throughout the 140-lot subdivision.
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2. 17 NEW COCONUT HARBOUR LTD Block 6D Parcel 60 (F05-0124) (P09-
0280) ($945,004) (CS)
Application for modification to the site plan and floor plan of the rebuild to the
maintenance/laundry building.
FACTS
Location On North Church Street in George Town
South, the site of the previous Blue Parrot
Inn
Zoning BR/R
Notice Requirements No Objectors
Parcel Size 1.9800 acres
Current Use Resort
Proposed Use Resort
Building Size -196 sq. ft.
BACKGROUND
June 15, 2005 (CPA/14/05; Item 2.20) - CPA granted planning permission for a
restaurant and bar.
May 2, 2007 (CPA/12/07; Item 2.16) - CPA resolved to modify planning
permission to allow an increased building size for the restaurant and changes to
the site plan.
September 19, 2007 (CPA/26/07; Item 2.17) - The Authority granted planning
permission for twelve (12) additional resort units.
Decision: It was resolved that having regard to the Development Plan and other
material considerations it is expedient to modify planning permission. Now
therefore the Central Planning Authority in pursuance of Section 17 of the
Development and Planning Law (2008 Revision) hereby orders that planning
permission CPA/26/07; item 2.17 be modified to change the site layout and the
floor plan of the maintenance/laundry building as shown on the plans date
stamped March 23, 2009.
All other conditions of CPA/26/07; item 2.17 remain applicable.
LETTER FROM APPLICANT
“As we stated in our letter of 9th February 2009, we want cordial relations with
the Boddens, and we propose to reduce the size and height of the maintenance
portion of the reception/service building in accordance with the attached
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drawings, without prejudice to the planning approval (modification) granted in
May 07.
In order to minimize the extent of demolition and the cost to the developer, rather
than reduce the height of the entire building, we propose to lower the height of the
rear of the building (facing the Bodden house), leaving the front (facing the car
park) at the present height. The distance between the rear of the building and the
boundary will be 8'-9". The trusses from the maintenance building will be reused
on the roof of the reception building.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for a modification to the site plan and floor plan of the rebuild
to a maintenance/laundry building of the Old Coconut Harbour resort.
Zoning
The site is zoned Beach Resort Residential. The proposed use is allowed in the
zone, however the Department raises the following issues.
Specific Issues
a) Setbacks
The approved plans for the redevelopment of the resort allowed the rebuild of
the maintenance/laundry building to be 2-feet setback from the south property
line, which appear to match the location of the pre-Ivan foundation.
As the site was being constructed, the Department received complaints from
the adjacent property owners regarding the location of the building who
disputed the historical location of the maintenance building.
The developer and the adjacent property owner have reached a compromise,
which reflects the site plan dated March 23, 2009. The maintenance/laundry
building will be redesigned to be setback 7’ from the south property line and
the facing wall will be lowered as a means to "soften" the appearance to the
adjacent property owner.
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2. 18 SPANISH CONSULATE Block 19E Parcel 195 (F98-0274) (P09-0274) ($750)
(KB)
Application for two (2) flag poles.
FACTS
Location Sparky Drive at Lancaster Crescent,
Industrial Park
Zoning HI
Notice Requirements No Objectors
Parcel Size .8605 acres
Current Use Commercial
Proposed Use Same
BACKGROUND
Offices were approved in 1998.
July 16, 2003 (CPA/20/03; Item 3.016) - the Authority granted planning
permission for a sign.
Decision: It was resolved to grant planning permission, subject to the following
condition:
1) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans.
2) The flags shall be flown in accordance with the instructions/policies of the
Protocol Office.
PLANNING DEPARTMENT ANALYSIS
The applicant is requesting planning permission for two flag poles at twenty feet
in height each. A Cayman Islands and a Spanish flag are proposed to be attached
to the poles. The Spanish flag is to advertise the Spanish Consulate.
Per Regulation 8 (8) (b) of the Development and Planning Regulations (2006
Revision), the minimum road setbacks shall be twenty feet. The flag poles are
proposed to be setback fifteen feet from the road. There is an existing sign twenty
feet from the road, and there is not enough space for the flag poles to meet the
required twenty-foot setback due to the existing sign and driveway/parking areas.
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2. 19 RONALD W PARCHMENT Block 4E Parcel 186 (FA95-0031) (P09-0265)
($3,706) (BES)
Application for an after-the-fact 5’ fence.
FACTS
Location Rev. Blackman Road, West Bay
Zoning HDR
Parcel Size .2900 acres
Decision: It was resolved to grant planning permission, subject to the following
condition:
1) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans.
LETTER FROM APPLICANT
"I am writing to you with regard to the above referenced property where I
recently replaced an existing barbwire fence with a chain link fence.
After replacing the fence it was brought to my attention that I should have applied
to your department for permission. I first would like to apologize for
unintentionally doing so without your approval as I really was not aware that this
was a requirement. The law does not make this clear it only refers to installing
new fence, not replacing an existing fence.
The reason I had the fence replaced is due to the fact that my son, his wife and
our 3 year old granddaughter recently moved into the family home which I grew
up on the referenced property. The property is located at the corner of Rev.
Blackman Road and Powell Smith Drive which has become a very busy
intersection both with motor vehicles and pedestrian traffic.
Firstly, the barbwire is very dangerous for our 3 year old granddaughter and was
too open to the busy road. Our granddaughter could easily climb between the
barbwire onto the busy road endangering her life. There have been frequent
accidents at this intersection in which the motor vehicles have come through the
corner of the property, through the old barbwire fence into our front yard.
When we had the existing fence replaced, we had the fencing company bring the
new fence further into our property, inside the property line. We brought the new
fence onto the property to allow more room for pedestrian traffic, so they would
not have to walk on the road.
There is a CUC pole that sits on our property at the corner of Rev. Blackman
Road and Powell Smith Drive. The old fence sat between this pole and the road.
We have moved the new fence further inside our property and the pole now sits on
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our property between the new fence and the road. We also installed additional
poles to stop cars from running onto our property chancing them hitting our
granddaughter.
Not only has this new fence provided privacy for my son and his family and a safe
place for our granddaughter to play, it has also helped reduce the noise from the
busy traffic and pedestrians who frequently walk across the front and side of the
property.
The fence does not obstruct the vision of traffic at this intersection which is a two-
way stop, with stop signs placed on Powell Smith Drive both north and south. We
have written to the Honorable V. Arden McLean, Minister for Communications
Works and Infrastructure requesting that they consider making this intersection a
four way stop due to the speeding traffic at this intersection.
I attach a copy of the invoice from the fencing company stating that they were to
remove the existing fence and replace it with the new fence."
PLANNING DEPARTMENT ANALYSIS
General
The application is for an after-the-fact 5’ fence on Rev. Blackman Road, West
Bay.
Zoning
The property is zoned High Density Residential and while the proposed use is a
permitted use per Regulation 9 (6), the Department would offer the following
comment on the specific issue noted below.
Specific Issues
a) Height of Fence
The fence is 5’ in height and the CPA guidelines are 4’ in height in residential
areas. The Authority needs to discuss the applicant's letter whether or not the
fence is appropriate.
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2. 20 UCO & SYBIL WAGNER Block 1D Parcel 34 (F08-0294) (P09-0281)
($500,000) (BES)
Application for modification to planning permission.
FACTS
Location North West Point Road
Zoning BR/R
Parcel Size .80 acres
Current Use Vacant
Proposed Use Duplex
Building Size 8,800 sq. ft.
Footprint 3839 sq. ft.
Building Coverage 11%
Proposed Parking 3
Required Parking 3
BACKGROUND
CPA/27/08; Item 2.30 - Approval granted for a duplex
Decision: It was resolved to adjourn the application, for the following reason:
1. The applicant shall submit revised plans that more clearly depict the building
design with architectural elements that are more consistent with the
architectural traditions of the Island.
PLANNING DEPARTMENT ANALYSIS
The duplex was granted planning permission on August 13, 2008. The design of
the building was fairly contemporary, but it did have a typical pitched roof and
other typical architectural features. The applicant is now seeking to modify the
plans to introduce a new building design, one that incorporates a flat roof. It is
always difficult to address architectural design, as "beauty is in the eye of the
beholder", but in this instance, the Department did not feel comfortable approving
the new design administratively in light of the provisions of Regulation 9(1),
which states that the mass, scale, proportion and design of residential
development shall be consistent with the architectural traditions of the Islands.
The Department acknowledges that several other similar designs have been
approved over the years, however, the decision in this instance is best left to the
Authority.
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2. 21 OSGOOD & LINDA CHRISTIAN Block 72C Parcel 123 (F06-0458) (P09-
0268) ($7,525) (DE)
Application for a two (2) lot subdivision and parcel combination.
FACTS
Location Off Knot Street and Blu-Hill Drive, East
End
Notice Requirements No Objectors
Parcel Size .3500 acres
Current Use Duplex
Proposed Use Subdivision
Existing Parking 2
Decision: It was resolved to grant planning permission, subject to the following
condition:
1) The surveyor's final drawing shall include the surveyed dimensions of all
lots and shall be submitted to the Planning Department for approval prior to
the survey being registered.
AGENCY COMMENTS
Comments from the Water Authority and National Roads Authority are noted
below.
Water Authority
“Please be advised that the Water Authority's requirements for this development
are as follows:
Water Supply:
Please be advised that the proposed development site is located within the Water
Authority's piped water supply area.
The developer is required to notify the Water Authority's Engineering Services
at 949-2837, without delay, to be advised of the site-specific requirements for
connection.
The developer is required to provide the water-supply infrastructure, specified
by the Authority, within the site.
The developer shall submit plans for the installation of the specified
infrastructure to the Authority for approval.
The site's water-supply infrastructure shall be installed to the Authority's
specifications, under the Authority's supervision. Copies of the Authority's
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specifications are available at the Water Authority's office on Red Gate Road.
The developer's request to have the development connected to the Water
Authority's public water system will be acted upon after the site's water-
supply infrastructure has been installed in accordance with the WAC
specifications, and passed specified tests.
The Authority shall not be held responsible for delays and/or additional costs
incurred by the developer due to the developer's failure to provide sufficient
notice to the Authority.
Wastewater Treatment:
Please be advised that wastewater treatment and disposal requirements for
built development are subject to review by the Water Authority.”
National Roads Authority
“No objections.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for a two (2) lot subdivision and parcel combination located off
Knot Street and Blu-Hill Drive, East End.
Zoning
The property is zoned Medium Density Residential and while the proposed use is
a permitted use per Regulation 9 (8) (2006 R), the Department would offer
comments on the proposed subdivision design as noted below.
Specific Issues:
a) Lot Size
The existing parcel is 0.35 acres or 15,246 square feet in size and is physically
divided in two by Fiddlers Way, a public road. The parcel was first registered
on 9 September 1977. Proposed Lot A is 8,950 square feet and will be
combined with 72C 35 for a total square footage in excess of 10,000 square
feet. Proposed Lot B is 8,300 square feet. Per the Development and Planning
Regulations (2006 R), Regulation 9 (7) (f) the minimum lot size for detached
houses and duplexes is 10,000 square feet. In this instance, there is an
existing duplex on lot B. Given the existence of the duplex and the fact that
the two proposed lots are already divided by a public road, the Department has
no particular concern with the proposal.
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2. 22 POWER OF FAITH DELIVERANCE MINISTRY Block 13D Parcel 255
(FA91-0027) (P09-0254) ($10,000) (DE)
Application for a temporary Church tent for an annual gospel crusade.
FACTS
Location Green Wood Drive
Zoning HDR
Notice Requirements No Objectors
Advertisments Advertising Complete
Parcel Size .6000 acres
Current Use Church
Proposed Use Church Tent
Building Coverage 7%
Total Site Coverage 7%
Proposed Handicapped Spaces 2
Proposed Parking 40
Required Handicapped Spaces 2
Decision: It was resolved to grant planning permission until May 4, 2009 at
which time the tent and any debris or litter must be removed from the site.
AGENCY COMMENTS
Comments from the Chief Fire Officer and Chief Environmental Health Officer
are noted below.
Chief Fire Officer
"Approved for planning permission only"
Chief Environmental Health Officer
"The following must be shown on the drawings.
1. Drinking water facilities;
2. Toilet facilities; AND
3. 2 -33 gallon garbage cans"
PLANNING DEPARTMENT ANALYSIS
General
The application is for a temporary Church tent for an annual gospel crusade.
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The applicant is seeking planning permission to erect a temporary tent for an
annual gospel crusade on the subject parcel located Green Wood Drive
Zoning
The property is zoned High Density Residential and while the proposed use is a
permitted use per Regulation 9 (6) (2006 R). It should ensure that parking
arrangements are orderly and that no obstruction should be caused to traffic
(pedestrian and vehicular) when using Green Wood Drive.
The Department recommends that the applicant seek approval from the relevant
agencies in respect of toilet facilities, garbage disposal and other public health and
safety matters.
It should be noted that the time period to remove the structure, if approved by the
Authority, is May 4, 2009 as indicated on the application form.
The Department did not receive any objections to the proposal and the proposal
does comply with Regulation 9 (6) in terms of aesthetics and compatibility with
the existing neighbourhood. The surrounding neighbourhood is residential
(houses and apartments)
The Department has no further concern with the proposal.
2. 23 JOHN MICHAEL & ZOE FOSTER Block 15C Parcel 99 (F03-0070) (P09-
0339) (DE)
Application for a 5’ high concrete wall around the entire parcel.
FACTS
Location Off Lantana Way, South Sound, George
Town
Zoning LDR
Notice Requirements No Objectors
Parcel Size 13,167.8 sq. ft.
Current Use House
Proposed Use Concrete Wall
Existing Parking 1
Decision: It was resolved to grant planning permission, subject to the following
condition:
1) The applicant shall submit revised plans that show the fence with a maximum
height of 4 feet along the front property boundary and along the side property
boundaries to a point where the fence is in line with the front wall of the
house. The plans may show the remaining portions of the fence with a
maximum height of 5 feet.
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LETTER FROM APPLICANT
“In consideration of leash laws and our duties as dog owners including liability
issues with regards to unruly animals roaming in public spaces we would like to
build a 4/5' wall along our home land perimeter on #47 Lantana ways. Our
express intention is to keep our animals within our home boundaries, restricted
from accessing the open roadway resulting in the safe keeping of the general
public and our dogs.
Our neighbors bordering our property do not object to our building perimeter
4'/5' walls and may appreciate the dog being kept within our boundaries( please
see enclosed letters).
Reason for 4'/5' walls: we have 2 Cayman Humane Society dogs-not mean dogs
certainly. One is 18 years old and harmless. Our 2nd dog is friendly and loyal
also-but unpredictable, mischievous, extremely protective and vary weary of all
strangers-human or animal kind. She is a medium sized 4 year old rambunctious
mix of part lab, part sheepdog-with keen hunting and sporting instincts. She
chases down and harasses all traffic, persons or vehicular (2 or 4 wheels)
Wall height: wall of 4' height should be sufficient to keep our dogs in but we are
applying for the 5' wall just in cases our dogs is able to jump the 4'.
Wall can assist us in other ways: increase home security; better retention of
garden soil and reduction in soil run off (which should also benefit our neighbors
to retain their soil). We hope to back fill with more soil for proper tree and
garden planting in time. Additionally, walls will provide some protection against
strong winds and in hurricane season."
CONSENT LETTER
“I am Zoe and John Michael Foster neighbor and I hereby do not object and give
my consent for 4'/5' wall to be erected by Zoe and John Michael Foster along
their property which borders my property for the purpose of retaining soil,
backfilling and to retain and contain their two dogs.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for a five feet high concrete wall around the entire parcel
located off Lantana Way, South Sound George Town.
Zoning
The property is zoned Low Density Residential and while the proposed use is a
permitted use per Regulation 9 (1), (2) and (8) (2006 R), the Department would
offer comments on certain specific issue addressed below.
Specific Issue
a) CPA guideline's for Fences/Wall
The proposed 5' feet concrete wall does not meet the CPA's guideline for
fences and walls. The CPA's guidelines recommend that fences/walls be 4'
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high. However, the Department is aware of the use of the property and the
possible need for a security fence for the landowner’s dogs currently on the
property.
2. 24 DR. STEVE TOMLINSON Block 14E Parcel 249 (F87-0198) (P09-0344)
($25,000) (KB)
Application for a 1000 square foot storage shed.
Mr. Arek Joseph declared a conflict and left the meeting room.
FACTS
Location Walkers Road, George Town
Zoning N COM
Notice Requirements No Objectors
Advertisments NA
Parcel Size 3.9170 acres
Current Use Hospital
Proposed Use Storage Warehouse
Building Size 1,000 sq. ft.
Building Coverage 17.5%
Parking Coverage 25%
Total Site Coverage 42.5%
Existing Parking 117
BACKGROUND
The original physical file could not be located prior to this report. The
Department's Trakit system shows that a hospital was approved in 1991and a
Medical Clinic was approved in 1997.
Decision: It was resolved to grant planning permission, subject to the following
conditions:
1) The applicant is required to obtain a Building Permit from the Chief Building
Control Officer. Construction shall not commence prior to the issuance of a
Building Permit.
2) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans which you will receive when you have complied with the
above condition.
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The applicant shall obtain a Final Certificate (of Fitness for Occupancy) prior to
occupying the building.
The applicant is reminded that the finished floor level should be at least five feet
(5') above mean sea level, [i.e. two feet (2') above the Vidal Bench Mark].
PLANNING DEPARTMENT ANALYSIS
General
The application is for a 1000 square foot storage warehouse as an ancillary use to
the existing Chrissie Tomlinson Memorial Hospital on Walkers Road.
Zoning
The property is zoned Neighbourhood Commercial and while the proposed use is
a permitted use per Regulation 13 (6) of the Development and Planning
Regulations (2006 Revision), the Department would offer comments on certain
specific issues addressed below.
Specific Issues
a) Setbacks
While Regulation 8 (8) (b) states that the minimum side and rear setbacks
shall only be six feet in commercial zones, the Department would like the
Authority to note that the proposed warehouse is proposed to be ten feet away
from a residential property line. A house exists on Parcel 263, and it is
recommended that a vegetative buffer shall be required between the
warehouse and the residential property to the rear.
b) Parking
It should be noted that two parking spaces will be removed in order to access
the warehouse. Per Regulation 8 (1) (b) (v), only one parking space is
required for this development, and the existing parking areas cover more than
required for the existing hospital and proposed warehouse.
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2. 25 ALFONSO RANKINE Block 76B Parcel 2 Rem 3 (F96-0395) (P09-0152)
($164,498) (CS)
Application for after-the-fact duplex.
Mr. Owen Rankine declared a conflict and left the meeting room.
FACTS
Location In East End off Austin Conolly Drive
Zoning MDR
Parcel Size 2.38 acres
Current Use House and Duplex
Building Size 1,645 sq. ft.
Density .8
Building Coverage 4%
Proposed Parking 4
Required Parking 3
BACKGROUND
A house was approved for this site in 1999.
Decision: It was resolved to grant planning permission, subject to the following
conditions:
1) The applicant is required to obtain a Building Permit from the Chief Building
Control Officer.
2) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans which you will receive when you have complied with the
above condition.
The applicant shall obtain a Final Certificate (of Fitness for Occupancy) prior to
occupying the building.
LETTER FROM APPLICANT
“We are applying for a side setback variance under Regulation 8 (13) of the
Development and Planning Regulations (2003 R). We note that this Building was
built as a house for more than forty years. It was converted to a duplex about
eight years ago.
Reason for this variance is as follows:
Mr. Rankine inherited this property and he is now trying to bring thses buildings
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in line to today's standards.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for an after-the-fact conversion of a house to a duplex.
Zoning
The site is zoned Medium Density Residential. The proposed use is allowed in the
zone and complies with minimum lot size, density, site coverage, and parking
regulations. However the Department raises the following issues.
Specific Issues
a) Setbacks
The existing duplex is located 4 feet from the side property line versus the
required minimum setback of 10 feet. Planning notes there is no planning
history for the existing building and it has existing for several years. The
conversion does not appear to have created an increased encroachment into
the setback area.
2. 26 ANDREAS UGLAND Block 1C Parcel 80 (F04-0182) (P09-0258) (CS)
Application for three (3) flagpoles and flags.
FACTS
Location On Northwest Point Road, north of
Boatswain Beach in West Bay North West
Zoning N COM
Notice Requirements No Objectors
Parcel Size .5600 sq. ft.
Current Use Auto Museum
BACKGROUND
June 2, 2004 (CPA/11/04; Item 2.8) - CPA granted planning permission for an
automotive museum and four signs.
May 17, 2006 (CPA/15/06; Item 2.31) - CPA granted planning permission for
seven (7) apartments, seven (7) retail units, motor museum and seawall.
March 7, 2007 (CPA/07/07; Item 2.14) - CPA resolved to modify planning
permission to allow a change-of-use from retail to restaurant and to increase the
floor area of a motor museum.
October 3, 2007 (CPA/28/07; Item 2.12) - The Authority granted planning
permission for a 3-storey mixed-use commercial/residential building, 1-storey
auto museum, two (2) fences and a sea wall.
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December 11, 2008 (CPA/38/08; Item 2.32) - The Authority resolved to modify
planning permission to allow a 225 sq. ft. mezzanine addition.
Decision: It was resolved to grant planning permission, subject to the following
conditions:
1) Unless specifically authorized otherwise in writing by the Central Planning
Authority, the Development shall be carried out strictly in accordance with the
approved plans.
2) The flags shall be flown in accordance with the instructions/policies of the
Protocol Office.
PLANNING DEPARTMENT ANALYSIS
General
The application is for one 25'-6" tall and two 20' tall flagpoles with three 31 sq. ft.
flags.
Zoning
The site is zoned Neighbourhood Commercial. The proposed flags comply with
the Development & Planning Regulations (2006 Revision).
2. 27 SALT CREEK VENTURES LTD. Block 10E Parcel 60 H24 (F06-0044) (P09-
0332) ($3,200,000) (CS)
Application for four (4) bedroom house, pool and gazebo.
FACTS
Location Salt Creek Subdivision
Zoning LDR
Notice Requirements NA
Parcel Size 32,072 sq. ft.
Current Use Vacant
Proposed Use House
Building Size 16,566 sq. ft.
Footprint 9,878 sq. ft.
Building Coverage 31%
Proposed Parking 3
Required Parking 1
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BACKGROUND
There is no planning history for this site.
Decision: It was resolved to adjourn the application, for the following reasons:
1. The applicant must submit revised plans that comply with a maximum
building height of 33’ above road (Salt Creek Drive), which will assist in
ensuring the mass and scale is consistent with the architectural traditions of
the Island.
2. The applicant must submit a revised site plan showing the gazebo complying
with all required setbacks.
LETTER FROM APPLICANT
“On behalf of our cleint we would like to request a varinace for site coverage and
building height.
Reasons for variance:
The site coverage of the enclosed space is 18.5% which is well below the planning
requirement of 25%. However due to the covered breezeway and gazebo, the site
coverage is 31.3%. Upon review of hte site plan you will notice that the majority
of heh site coverage is open exterior structures. This will therefore help reduce
the visual massing of the project and maintain the residential scale and
aesthetics.
The building height allowed in low density residential is 33'. Our proposed
building height is 27'4" except for a cupola on the main house which accents the
main roof. We note the eaves height of this feature being 42'6". This level is used
as an observation area provides a quiet sanctualy with the stunning views that
make Cayman so spectacular.
There is obviously precedence to our variance requests and I think you'll agree
that the proposed project is the type of development that should be encourage in
Cayman.”
PLANNING DEPARTMENT ANALYSIS
General
The application is for a four (4) bedroom house, pool and gazebo.
Zoning
The site is zoned Low Density Residential. The proposed use is allowed in the
zone, however the Department raises the following issues.
Specific Issues
a) Setbacks
The house complies with all applicable setbacks, however the applicant is
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proposing a gazebo located entirely within the rear setback. Planning is not of
the opinion that there is an existing hardship that prevents the applicant from
complying with the setback requirements.
b) Site Coverage
The overall proposed site coverage is 31%. This includes a covered walkway,
patio and gazebo. The house, without the ancillary structures, has a site
coverage of 18.5%.
Planning is not of the opinion that there is an existing hardship that prevents
the applicant from complying with the site coverage requirements.
c) Building Height
The proposed house is three stories as permitted in the Development &
Planning Regulations. However the overall height does exceed the maximum
height of 33 feet. The height of the house, measured from the surrounding
grade to the eaves, is 42' 6" - nearly 10 feet higher than what is permitted.
The Authority shall determine which criteria the building height should be
measured.
3.0 ENFORCEMENTS
4.0 DEVELOPMENT PLAN MATTERS
This section of the Minutes are exempt per section 20(b) and (d) of the Freedom
of Information Law, 2007, which reads: “(b) its disclosure would, or would likely
to, inhibit the free and frank exchange of views for the purposes of deliberation;”
or “(d) its disclosure would otherwise prejudice, or would be likely to prejudice,
the effective conduct of public affairs.
5.0 PLANNING APPEAL MATTERS
6.0 MATTERS FROM THE DIRECTOR OF PLANNING
This section of the Minutes are exempt per section 20(b) and (d) of the Freedom
of Information Law, 2007, which reads: “(b) its disclosure would, or would likely
to, inhibit the free and frank exchange of views for the purposes of deliberation;”
or “(d) its disclosure would otherwise prejudice, or would be likely to prejudice,
the effective conduct of public affairs.
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7.0 MATTERS FROM THE CHAIRMAN
This section of the Minutes are exempt per section 20(b) and (d) of the Freedom
of Information Law, 2007, which reads: “(b) its disclosure would, or would likely
to, inhibit the free and frank exchange of views for the purposes of deliberation;”
or “(d) its disclosure would otherwise prejudice, or would be likely to prejudice,
the effective conduct of public affairs.
8.0 CPA MEMBERS INFORMATION/DISCUSSIONS
This section of the Minutes are exempt per section 20(b) and (d) of the Freedom
of Information Law, 2007, which reads: “(b) its disclosure would, or would likely
to, inhibit the free and frank exchange of views for the purposes of deliberation;”
or “(d) its disclosure would otherwise prejudice, or would be likely to prejudice,
the effective conduct of public affairs.
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