Central Planning Authority

Agenda for a meeting of the Central Planning Authority to be held on January 20, 2021 at 10:00am, in Conference Room 1038, 1st Floor, Government Administration Building, Elgin Avenue.

02nd Meeting of the Year CPA/02/21

Mr. A. L. Thompson (Chairman) Mr. Robert Watler Jr. (Deputy Chairman) Mr. Kris Bergstrom Mr. Peterkin Berry Mr. Edgar Ashton Bodden Mr. Roland Bodden Mr. Ray Hydes Mr. Trent McCoy Mr. Jaron Leslie Ms. Christina McTaggart-Pineda Mr. Selvin Richardson Mr. Fred Whittaker Mr. Haroon Pandohie (Executive Secretary) Mr. Ron Sanderson (Deputy Director of Planning (CP)

1. Confirmation of Minutes & Declarations of Conflicts/Interests 2. Applications 3. Development Plan Matters 4. Planning Appeal Matters 5. Matters from the Director of Planning 6. CPA Members Information/Discussions

List of Applications Presented at CPA/02/21

1. 1 Confirmation of Minutes of CPA/01/21 held on January 06, 2021...... 4 1. 2 Declarations of Conflicts/Interests ...... 4 2. 1 SHAROL BUSH (GENESIS 3D STUDIO) Block 4D Parcel 103 (P20-0786) ($75,000) (EJ) ...... 5 2.2 LIV CAYMAN LTD. (Trio Design) Block 56C Parcel 5 (P20-0353) ($2.5M) (BES) 11 2. 3 MELEICK WILLIAMS Block 27D Parcel 62 (P20-0045) ($32,927) (BES) ...... 18 2.4 WILLOW PROPERTY HOLDINGS LTD (Darius, Daniel Campbell) Block 53A Parcel 104 (P20-0963) ($750,000) (JP) ...... 20 2.5 SHERIDAN BROOKS-HURST (BDCL Architects) Block OPY Parcel 67(P20-0764) (BES)...... 22 2.6 CATHERINE ANDERSON AND DAN BOND (BDCL Architects) Block 7D Parcel 45 (P20-0666) ($8,000) (BES) ...... 23 2.7 PAUL PEENE (AMR Consulting Engineers) Block 19A Parcel 22 (P20-0939) ($2,000,000) (MW) ...... 24 2.8 LOUCHRIS LTD. (Tony Lattie) Block 13D Parcel 220 (P20-1012) ($325,000) (MW) 29 2.9 HANSEL RANKINE (TSC Architecture) Block 14BG Parcel 97 (P20-0716) ($10,000) (MW) ...... 35 2.10 A.N.A HOLDINGS LIMITED (GMJ Home Plans Ltd) Block 20D Parcel 206 (P20-0834) ($210,000) (BES) ...... 38 2.11 MALCOLM & HAZEL EBANKS (Whittaker & Watler) Block 4C Parcel 277 (P20-0815) ($107,670) (AS) ...... 44 2.12 DYLAN GIBSON (ABERNETHY) Block 20E Parcel 239 (P20-1099) ($3,709) (EJ) 47 2.13 PAUL MCGEOUGH Block 21B Parcel 94 (P20-0990) ($10,000) (AS) ...... 48 2.14 ALLYSON WHITTAKER (Whittaker & Watler) Block 53A Parcel 43 (P20-0304) ($1,061,856) (JP) ...... 49 2.15 PRO PLUS CONSTRUCTION LTD (TAG Ltd) Block 20E Parcel 44 (P20-1157) ($3.4M) (JP) ...... 56 2.16 KENHUGH THOMAS (Bank Construction Ltd.) Block 22C Parcel 31 & 32 (P20-0848) ($1,921,920) (MW) ...... 58 2. 17 ROBERT & DAWN ERYOU Block 12C Parcel 496 (P20-1077) ($15,000) (AS) .. 61 2.18 ALLAN BUSH Block 9A Parcel 718 (P20-1000) ($607,000) (AS) ...... 62 2.19 LARRY MYERS (FIX IT MAINTENANCE & REPAIRS) Block 5B Parcel 270 (P20- 1022) ($12,000) (MW) ...... 64 2.20 ALBERT THACKER Block 1D Parcel 669 (F95-0237) (P20-0687) ($5000) (JP) 65

2.21 JACQUELINE MORGAN (GMJ HOME PLANS LTD.) Block 1D Parcel 586 (P20-0823) ($24,500) (EJ) ...... 67 2.22 BARBARA POWELL (GMJ Home Plans Ltd.) Block 38B Parcel 263 (P20-1051) ($60,000) (MW) ...... 68 2.23 DWAYNE & NELLY EBANKS (Tony Lattie) Block 32E Parcel 106 (P20-1062) ($120,000) (MW) ...... 69 2.24 RH ENGINEERING AND ARCHITECTURE (RH Engineering and Architecture) Block 14C Parcel 242 (P20-0670) (BES) ...... 74 2.25 BASTION DEVELOPMENTS (CAYMAN) LTD (Elegant Design Cayman Ltd) Block 23B Parcel 113 (P20-1095) ($45,000) (JP) ...... 78 2.26 BLUEPRINT CONSTRUCTION (Genesis 3D Studio) Block 49B Parcel 189 (P20-0267) ($269,235) (BES) ...... 79 2.27 JOEL JEFFERSON (TSC Architecture) Block 23C Parcel 95 (P20-0946) ($15,000) (MW)...... 82 3.0 DEVELOPMENT PLAN MATTERS ...... 85 4.0 PLANNING APPEAL MATTERS ...... 85 4. 1 LAGENE R. JOHNSON & GARFIELD L. MCKENZIE Block 22D Parcels 168 and 168H2 (CE20-0139) ...... 85 5.0 MATTERS FROM THE DIRECTOR OF PLANNING ...... 86 5. 1 CUC – NATURAL GAS STRATEGY (HP)...... 86 6.0 CPA MEMBERS INFORMATION/DISCUSSIONS ...... 86

APPLICANTS ATTENDING THE AUTHORITY’S MEETING VIA E-CONFERENCE

APPLICANT NAME TIME ITEM PAGE Lagene R. Johnson/Garfield L. McKenzie 10:30 4.1 85 Sharol Bush 11:00 2.1 5 LIV Cayman Ltd. 11:30 2.2 11 Meleick Williams 1:00 2.3 18 CUC 1:30 5.1 86

1. 1 Confirmation of Minutes of CPA/01/21 held on January 06, 2021. 1. 2 Declarations of Conflicts/Interests

ITEM MEMBER

2.0 APPLICATIONS APPEARANCES (Items 2.1 to 2.3)

2. 1 SHAROL BUSH (GENESIS 3D STUDIO) Block 4D Parcel 103 (P20-0786) ($75,000) (EJ)

Application for a house.

Appearance at 11:00 FACTS Location Willie Farrington Drive Zoning LDR Notification result Objectors Parcel size proposed 0.10 ac. (4,356 sq. ft.) Parcel size required 10,000 sq. ft. Current use Vacant Proposed building size 487 sq. ft. Total building site coverage 11.18% Required parking 1 Proposed parking 2

BACKGROUND NA

Recommendation: Discuss the application, for the following reasons: 1) Setback variances 2) Parking space width 3) Objectors concerns

APPLICANT’S LETTER My client, the owner of the above-named property is seeking planning permission for the one- bedroom house which requires lot size and set back variance. The lot size is 3,268 sq. ft. which is built over the minimum requirement for single family house in that zone. Because of the small lot size, The septic tank was not able to fit the setback recurrence. In accordance with regulation 8(13)(b) of the Development and Planning Regulations

(2018 Revision) a letter of variance must be submitted to the Department regarding the side setback, lot size, and lot width explaining that there is sufficient reason to grant a variance and an exceptional circumstance exists, which may include the fact that (i) the characteristics of the proposed development are consistent with the character of the surrounding area; (ii) unusual terrain characteristics limit the site development potential; or the proposal will not be materially detrimental to persons

OBJECTIONS Letter 1 Thank you for your notification of the application for a one-bedroom house on the above mentioned parcel which shares a boundary with my dwelling house on 4D 316. I note that lot size and set back variances will be required. Considering the extent by which this application falls short of the zoning requirements for this area I am doubtful that it with meet CPA’s approval. If such wide discretion were applied I would be concerned that it would set a precedent for further similar approvals to the detriment of homeowners and landowners in my neighborhood as well as in other neighborhoods. In considering this application I would ask you to take account of my concerns in relation to the safety issues during and after construction. I would wish to be satisfied that during construction there will be adequate space on the site for construction material, vehicles and equipment to be located so as not to block traffic or obstruct the views of the road from my driveway, or create a danger for other road users. Secondly persons exiting my driveway and from the subdivision road on my north boundary already have some difficulty seeing on-coming traffic from the south due to a bend in the road. I am concerned that this building and any vehicles parked on the property will further obstruct the view. Please note that I could not access your recommended website to view the site plans and elevations. If I am able to visit your office to view them I may have further concerns. Letter 2 Regarding the above subject matter and having received notice that an application for planning permission for the purpose of one bedroom house which require lot size and set back variance the following objections are submitted. 1. This variance cannot be treated lightly and therefore cannot be held to be minor. It is too important on the impact of the two neighbouring properties 4D231 and 4D316 in the immediate area. The primary issues are related to loss of privacy, view, spacing, drainage and noise. 2. It is clear that the applicant thinks the variance is desirable but the issue here is whether it is desirable for a variance in respect of the 2 neighbouring homes built on 4D 231 and 4D 316 not the Applicant. Also the Applicant’s notice states for

the purpose of one bedroom house which require lot size and set back variance nothing further. There is nothing indicated on the Notice of Application as to what is the variance footage being asked for. It is obvious the land size is a problem. It is clear that no good cause exist for a variance for the setbacks. 3. Does the variance requested maintain the general input and purpose of the zoning by law which is a high residential area? The intent and purpose of zoning by law is to prescribe the front, rear and sides yard setbacks, building size and use. It speaks to matters such as spacing, privacy, density, light and air and gives the neighbourhood its form of character. Any proposed variance which is not compatible with existing homes in the neighbourhood with respect to size, setbacks and side yards and sensitive to issues such as privacy is detrimental of the neighbourhood cannot pass the test to grant such permission. By requesting a variance is the test and evidence that the application cannot meet such a test as the land size is too small to build on. Attached is a photograph showing land size taken from Willie Farrington Road from front of the land plus the aerial map. It is also very clear from the site plan the land is too small for a building. Also please see attached Aerial Map with the size dimension of parcel 4D103. The Planning and CPA (Central Planning Authority) is under a statutory requirement that all planning decision must be consistent with the law, regulations and policy. A variance asked for in this matter is a request to sever this parcel from its existing form to create the lot on which a building can be constructed and perhaps later sold. As the land stands it is impossible to fulfill the planning requirements for proper setbacks. 4. Character of the Neighbourhood: The building form of the 2 adjoining properties 231 and 316 should be considered to see whether the application exhibits a reasonable uniform building in style or design scale and spacing. It does not seem so in character of the 2 buildings on parcels 231 & 316 which is deserving of protection and this factor should be seriously considered by the CPA in respect of those adjoining properties. This proposed application which seeks to require lot size and set back variance is out of character, inappropriate, destabilizing the character of the neighbourhood and should be discouraged and therefore the application should be rejected for any required lot size and setback variance. 5. Privacy: There is the necessity for privacy of visual intrusions which can take the form of views into windows of the exiting home on 231 if the variance is allowed. Please see an attached photo of the home on 231 and any variance for parcel 4D103 will have a serious affect to that property. 6. This application appears to be for a cramming situation on parcel 103 which can affect the 2 adjoining properties mentioned above. The CPA is under a duty to take into consideration Human Rights Article 1. “ a person has the right to peaceful enjoyment of all possessions, which include the home.” 7. Any construction on the lot as maxed out by the square foot of the intended house which will be to the detriment of particularly to the adjoining property of 4D231. 8. The construction of the building will have an affect on the home on 231 from

much construction dust and other construction dangers. Lot size cannot accommodate vehicles for construction parking. Also for the proposed application wants 15 feet from the road. Will there be sufficient space for the owner to park plus guess. It appears not. Insufficient parking will be a nuisance as well. (See photograph showing frontage of land facing Willie Farrington Drive) 9. It appears that there was no survey done to the property. 10. It appears that there is a fence in respect of the application but not applied for. 11. There is an old open well on parcel 103 very near to the road side of Willie Farrington Drive not shown on the site plan, a danger where it is located. It is only 5 feet from the edge of the road. A vehicle has already ran into it which has left it open to danger for years. A photo graph is attached showing the well with overgrown bush around it. Are there any plans to discontinue the location of the well? See none. 12. The photograph of the proposed building appears to be something which has been goggled as seen from the Application. 13. This objector asks for an invitation for a representative of the Planning Department to meet at the property to allow objections first hand so that a fair hearing decision can be reached. 14. The request asked for in the application could go against public interest because the Applicant has not presented any reasonable circumstances and it is very obvious from the property size she cannot comply with the planning requirements therefore the application will impact on the adjoining properties. There is no explanation because it is obvious that the land size is a problem to meet the planning requirements and would definitely be an adverse impact on parcel 231 the adjoining property particularly the north boundary. (south boundary for parcel 103) (See attached Aerial Map and photo of house on 231). Although the CPA may have discretion to grant a variance please see the attached English Appellate Court decision which upheld the Zoning Board decision not to grant setback variance. The Court stated that the Zoning Board was correct in determining that the variance would have a detrimental impact on the neighbouring properties if the boundaries were varied. The Board noted that the neighbour who was most affected by the variance spoke out against granting the variance. This is a situation where I will be most affected like that person. I trust that my objections will be seriously considered by the Planning Department and the Central Planning Authority (CPA) and deny the Application particularly for the lot size and setback variance.

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit to remain 10.2 feet from the southern property line where 20 feet is required at their property located at 3 Old Station Place, Amagansett. The Gerbinos purchased their property with the subject patio which is located next to their legally constructed pool. They discovered the patio was built without a permit and in violation of setbacks when they sought a certificate of occupancy for a- legally constructed pool house. At the ZBA hearing held on February 28, 2017, the applicant submitted that (i) the patio was built by the prior owner and the Gerbinos believed it was constructed legally along the southern side of the pool, (ii) the patio is entirely screened by large evergreen trees along the southern side of the property and (iii) there would be no adverse impact on the neighbors or community. The applicant further submitted a letter from the neighboring property to the east, 52 Atlantic Avenue, in support of the application. A representative for the vacant property owner at 5 Old Station Place, which shares the lot line from which the variance is requested, testified in opposition to the application. Citing Town Code 255-11-89, which requires accessory structure setbacks for pool patios to be doubled, the opposition asserted that the purpose of the law is to protect property owners’ use and enjoyment of their back yards since pools are active recreational structures. The doubled setback requirement creates adequate buffer and transitional yards for pools. Moreover, the representative in opposition stressed that the construction on the lot was maxed out by constructing an approximate 6,000 square foot house (she included the finished basement in her calculation) on a lot shy of 1/2 acre with the pool placed at a maximum distance from the house in an effort to extend the back yard, negatively impacting her client’s design flexibility with respect to his vacant parcel. Finally, she submitted that the neighbor’s letter in support was submitted from the prior owner of the subject property that constructed the pool and pool patio at issue and was not impacted by the requested variance. The Zoning Board of Appeals denied the variance request by determination dated 9

May of 2017, stating that, “granting the requested variance will create a detriment to nearby properties. The reason setbacks are doubled for pool patios are to mitigate the noise impact to neighbors caused by the use of the pool and patio. Applicant is requesting a 51% variance along the entire length of the patio. Moreover, the applicants have not presented the Board with any unique circumstances explaining why they cannot comply with the Town Code. There is area along the north side of the pool that can accommodate the same amount of pool patio without requiring a variance from the Board. The Board notes that the neighbor most affected by the patio spoke out against granting the variance.” The Gerbinos appealed, and the Supreme Court. Suffolk County in Gerbino, etal., v. Whelan, Supreme Court, Suffolk County, Index No. 2989-2017, overturned the ZBA determination and granted the Article 78 Petition. The Court held that the decision of the DBA was not supported by rational basis and as such, was arbitrary and capricious. The Court stated, except for an unsupported objection by one adjoining property owner, there was no evidence proffered that the requested variance would have on undesirable effect on the character of the neighborhood ... [f]urthermore, a patio 10.2 feet from the southern border of the property as opposed to the no feet required, clearly does not impact the adjoining property owners or neighbors.” The Town appealed. By decision dated August 19, 2020, the Appellate Division, Second Department overturned the Supreme Court decision and upheld the ZBA’s denial of setback relief. Noting the broad discretion afforded to local zoning boards in considering applications for variances, the Court found that, the Supreme Court should have denied the petition and dismissed the proceeding as the Zoning Board’s determination had a “rational basis in the record.” The Court stated that “the record supports the Zoning Board’s determination that the variance is substantial, that granting the variance would have a detrimental impact upon neighboring properties, that feasible alternative locations exist to situate a pool patio on the property, and that any hardship was self—created (see Matter of Kramer v Zoning Bd. of Appeals of Town of Southampton, 131 AD3d at 1172; Matter of Sacher v Village of Old Brookville, 124 AD3d 902, 904). Accordingly, the Supreme Court should have denied the petition and dismissed the proceeding on the merits.” As a result, the Gerbinos are faced with having to either (i) remove the existing noncompliant patio, (ii) relocate the pool patio to a conforming location, or (iii) go back to the ZBA with a proposed patio in a new location should that new location require zoning relief. PLANNING DEPARTMENT ANALYSIS General The applicant is seeking permission for the proposed one-bedroom house.

Zoning The property is zoned Low Density Residential. Specific Issues 1) Lot size The applicant has indicated there is a need for a lot size variance and the objectors have referred to it as well. However, a lot size variance is not required in this instance. Regulation 22 states that “Where circumstances so justify, the Authority may permit building of dwelling units on a lot the size of which is below the prescribed minimum and must so permit if the lot existed as a separate lot on the 28th day of August, 1977.” The subject lot was first registered at October 24, 1973 and therefore a lot size variance is not required. 2) Setback variances A small portion of the rear stairs/landing is 19’ 6’ vs the required 20’. The septic tank is setback 3.9’ vs the required 10’ and the garbage enclosure has a 0’ side setback instead of the required 6’. It should also be noted that the Code requires the septic tank to be 5’ from the house but only 2.6’ is provided in this instance meaning the septic tank will have to be relocated. 3) Parking spaces The applicant is proposes two parking spaces, however, neither space meets the minimum width of 8’ 6”. The Department has repeatedly requested a revised plan showing the parking spaces in compliance with the Regulation.

2.2 LIV CAYMAN LTD. (Trio Design) Block 56C Parcel 5 (P20-0353) ($2.5M) (BES) Application for a cottage colony - 8 cottages, 8 pools, back-of-house facility, and caretakers quarters. Appearance at 11:30 FACTS Location Bodden Town Road near to Frank Sound Junction Zoning HT Notice results No Objectors Parcel Size 1.72 ac (74,923.2sq. ft.) Current Use Existing house Proposed Use Cottage colony Building Size 11,484 sq. ft. Building Site Coverage 16% Allowable cottages 14 Proposed cottages 8

Allowable bedrooms 16 Proposed bedrooms 12 Required Parking 13 (12 for cottages + 1 for house) Proposed Parking 11

BACKGROUND December 16, 2020 (CPA/22/20; Item 2.11): It was resolved to adjourn the application and invite the applicant to appear before the Authority to discuss concerns with the deficient high water mark setback. July 17, 2019 (CPA/15/19; Item 2.5) – CPA granted planning for concrete wall and gates, two (2) beach huts, swimming pool, summer kitchen, pump room and trellises and modification to site parking layout, subject to the following conditions: Condition (1) listed below shall be met before permit drawings can be submitted to the Department of Planning. 1) The applicant shall submit revised plans showing: a) The beach huts with a minimum setback of 75’ from the high water mark b) The sidewalk with a minimum width of 6’ c) The wall with a maximum height of 6’ 2) The applicant is required to apply for a Permit from the Director of Planning. Construction shall not commence prior to the issuance of a Permit. Recommendation: Discuss the application, for the following reasons: 1) Setback variance (75-ft vs 130-ft per Regulation 8 (10) (e)) 2) Parking spaces (11 vs. 13) 3) Parking surface material

AGENCY COMMENTS Comments from the Department of Environment/NCC, Department of Tourism, National Roads Authority, Water Authority, Fire Services, and Department of Environmental Health are noted below.

Department of Environment/NCC Under delegated authority from the National Conservation Council (section 3 (13) of the National Conservation Law, 2013), the Department of Environment offers the following comments for your consideration.

We note that the previous planning application for the proposed property on this site was granted planning permission on 18 December 2019, with none of the recommended DoE/NCC conditions included. These conditions were recommended in order to minimize the impacts of the development on turtle nesting activity, both during and post-

construction as turtles are a species protected under Schedule 1 part 1 of the National Conservation Law. Whilst we understand that the works which are the subject of the current application relate to modifications to the landward side of the proposed development, we would implore the applicant to take on board those recommendations outlined previously to minimize any negative impacts on the endangered turtle nesting population. For convenience these recommendations were:

1) Prior to the commencement of works, the property owner shall contact the DoE to check for the presence of turtle nests in nesting season (1 May to 30 November).

2) The applicant shall prepare and submit a plan to the Department of Environment for turtle friendly lighting, which minimises the impacts on sea turtles. All lighting shall be installed in accordance with the plan, to be approved by the DoE. Guidance on developing a lighting plan can be found in the DoE’s Turtle Friendly Lighting: Technical Advice Note (September 2018).

Department of Tourism No comments received from the agency

National Roads Authority As per your memo dated June 6th, 2020 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 a nine (9) multi- family units has been assessed in accordance with ITE Code 220. Thus, the assumed average trip rates per dwelling unit provided by ITE for estimating the daily, AM and PM peak hour trips are 6.63, 0.51 and 0.62 respectively. The anticipated traffic to be added onto Bodden Town Road is as follows: AM PM Expected Peak Peak AM Peak AM Peak PM Peak PM Peak Daily Hour Hour 16% In 84% Out 67% In 33% Out Trip Total Total Traffic Traffic 60 5 1 4 6 4 2 Based on these estimates, the impact of the proposed development onto Bodden Town Road is considered to be minimal. Access and Traffic Management Issues 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-four (24) ft.

A six (6) foot sidewalk shall be constructed on Bodden Town Road, within the property

13 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.

 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 Bodden Town 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 Department that non- compliance with the above-noted stormwater requirements would cause a road encroachment under Section 16 (g) of The Roads Law (2005 Revision). 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.

Water Authority The Water Authority’s requirements for the proposed development are as follows:

Wastewater Treatment and Disposal The developer, or their agent, is required to submit an Onsite Wastewater Treatment Proposal, per the attached Form, which meets the following requirements. Water Authority review and approval of the proposed system is a condition for obtaining a Building Permit.

• The proposed development requires Aerobic Treatment Unit(s) with NSF/ANSI Standard 40 (or equivalent) certification that, when operated and maintained per manufacturer’s guidelines, the system achieves effluent quality of 30 mg/L Biochemical Oxygen Demand and 30 mg/L Total Suspended Solids. The proposed system shall have a treatment capacity of at least 2,825 US gallons per day (gpd), based on the following calculations:

BUILDING UNITS/BLDG GPD/UNIT GPD GPD Existing House 3 Bed + Den 375gpd 375 375 - Outdoor W/C & Shower 200gpd 200 200 Cottages 1,2,4 & 4 x 1-Bed Units 150gpd/1-Bed Unit 600 600 6 Cottages 3,5,7 & 4 x 2-Bed Units 225gpd/2-Bed Unit 900 900 8 Back of House 1-Bed Caretakers Quarters 150gpd/1-Bed Unit 150 150 - Laundry - 2 Washers 200gpd/Washer 400 400 - Lunch Room 100gpd 100 100 Pool & BBQ Area W/C and Outdoor Shower 100gpd 100 100 TOTAL 2,825

Treated effluent from the ATU shall discharge to an effluent disposal well constructed by a licenced driller in strict accordance with the Authority’s standards.  Licenced drillers are required to obtain the site-specific minimum borehole and grouted casing depths from the Authority prior to pricing or constructing an effluent disposal well.  To achieve gravity flow, treated effluent from the ATU must enter the disposal well at a minimum invert level of 4’7” above MSL or 5’10” if constructed less than 100ft from the sea. The minimum invert level is that required to maintain an air gap between the invert level and the water level in the well, which fluctuates with tides and perching of non-saline effluent over saline groundwater.

Existing septic tank shall be decommissioned The drawing proposes that a 1,500-gallon septic tank serving the existing house is to remain. The developer is advised that the Water Authority policy graduates the

15 requirement for achieving “30/30” limits by applying it to larger developments, defined as those where calculated flows exceed 1,800 gallons per day (GPD) on a given parcel. The policy also applies to existing developments when there is a change of use or expansion of the development. Therefore, approval for this proposed development requires that all wastewater generated on the parcel; i.e., both proposed and existing structures, shall be treated in an onsite aerobic wastewater treatment system(s). The existing septic tank shall be decommissioned as per the Water Authority’s Best Management Practices (BMP’s) linked below and the wastewater flows re-plumbed towards the Aerobic Treatment System. http://www.waterauthority.ky/upimages/download/BMPs_abandoned_WW_systems1_142 3220782.pdf

Lint Interceptor Required at commercial, institutional, coin-op laundries. An approved lint interceptor is required for commercial, institutional and coin- operated laundries. The developer is required to submit specifications for all laundry (washer) equipment to the Water Authority for determination of the required capacity of interceptor. Specifications can be sent via email to [email protected]

Water Supply: The proposed development site is located within the Water Authority’s piped water supply area.  The developer shall contact Water Authority’s Engineering Services Department at 949-2837, without delay, to be advised of the site-specific requirements for connection to the public water supply.  The developer shall submit plans for the water supply infrastructure for the development to the Water Authority for review and approval.  The developer shall install the water supply infrastructure within the site, under the Water Authority’s supervision, and in strict compliance with the approved plans and Water Authority Guidelines for Constructing Potable Water Mains. The Guidelines and Standard Detail Drawings for meter installations are available via the following link to the Water Authority’s web page: http://www.waterauthority.ky/water- infrastructure.

The Authority will 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.

Fire Services The site layout has been approved on Nov. 27, 2020 per the site plan indicating the fire lane on the eastern boundary side. Department of Environmental Health Please see the department’s comments on the above application: 1. The property requires an 8yd3 container with servicing a once per week. 2. A swimming pool application must be submitted for review and approval prior

to constructing the pool.

APPLICANT’S LETTER I am writing on behalf of my client LIVCAYMAN LTD. for whom I am applying to the Central Planning Authority for permission to build a BEACH CLUB COLONY consisting of 8 cottages: (4) 1 Bedroom (4) 2 Bedroom 56C / 5.

I am seeking a rear set back exemption under: Regulation 8. (11) (b) (d) (e) Regulation 8. (13) Regulation 10. (1) (h)

The existing home on this property was the first built on the 56C Block and it is setback approximately 236’ from the existing HWM which has undoubtedly changed since the construction. Subsequent residences have since been built on 56C 4 / 56C 110 & 56C 1 all of which have a setback ranging 74’ to 86’ from the HWM.

The proposed Cottages are to be built out of wood and placed on stilts with a distinctive Caymanian aesthetic. Bearing in mind the zoning of the area allows for the construction of Hotels it would well be in my clients right to propose a multi-level block which is completely out of character with the surrounding land use and not the kind of development desired.

PLANNING DEPARTMENT ANALYSIS General The applicant is seeking planning permission for a cottage colony – 8 cottages, 8 pools, back of house facility and caretaker’s quarters at the above-captioned property. The property is located on Bodden Town Road, three (3) lots West of Frank Sound public dock or approximate 619-feet from the dock. Zoning The property is zoned Hotel Tourism. Specific Issues 1) HWM Setback Variance The proposed High-Water-Mark setback is 75-feet, whereas the minimum required HWM setback is 130-ft in H/T zone per Regulation 8(10)(e) of the Development and Planning Regulations (2020 Revision). In the previous application (CPA/15/19; Item 2.5), the CPA was of the view that there are existing developments on adjacent properties with similar setbacks from the HWM. As a result, the beach huts setbacks were consistent with the established 17

development character of the area, and it would not detract from the ability of adjacent landowners from enjoying the amenity of their lands. For the Authority's information, the CPA can allow a lesser setback from the HWM pursuant Regulation 8(11) of the Development and Planning Regulations (2020 Revision). 2) Parking Lot Pavement The applicant is proposing to use chip and spray, whereas the Authority would typically require asphalt for this type of development. 3) Parking Spaces The applicant is proposing eleven (11) parking spaces, whereas thirteen (13) parking spaces are required - two additional parking spaces can be provided on the site plan. SUPPLEMENTARY ANALYSIS No changes have been made to the application.

2. 3 MELEICK WILLIAMS Block 27D Parcel 62 (P20-0045) ($32,927) (BES)

Application for an after-the-fact dwelling unit. Appearance 1:00 FACTS Location Trinity Way, Savannah Zoning LDR Notification results No Objectors Parcel size 9,875-s/f approx. (undemarcated boundaries) Parcel size required 20,000 sq. ft. Current use Two houses Building size area 263.41 s/f Building footprint 1,576.41 s/f Site coverage 15.9%

BACKGROUND Nov. 25, 2020 (CPA/20/20; Item 2.8) - It was resolved to adjourn the application to invite the applicant to appear before the Authority to discuss concerns regarding the lot size and proposed setbacks.

Recommendation: Discuss the application, for the following reasons: 1) Rear setbacks (6’-10” vs. 20’) 2) Lot size (9,875-s/f vs, 20,000-s/f)

APPLICANT’S LETTER Further to the application submitted in relation to the above referenced Project, we hereby request for a setback variance to a site plan which requires a minimum of 20 ft rear setback per Planning Regulation 9 (8)(i); lot size variance per Planning Regulation 9(8)(d). We would appreciate your consideration for this variance request on the following basis: A. Under Regulation 8 (13)(b), the characteristics of the proposed development are consistent with the character of surrounding area and the proposal will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, to the neighborhood, or to the public welfare. We’d like to present the following points for consideration: a. The project is an after-the-fact which was built to be a small house for the client and his sick wife to occupy while the main house is being completed. Once the main house is complete, they will turn it into a storage shed. The location of the after-the-fact house was relatively hidden at the rear end of the property. Only the adjacent property located at 27D/ 55 would have a direct view of the house. This adjacent property also has signed a written statement that they have no objection to the existing house together with the owners of Parcels 27D/61 and 27D/63.

PLANNING DEPARTMENT ANALYSIS General The application is for an after-the-fact dwelling house (263.41-s/f) at the above-captioned property. The site is located on Trinity Way. Trinity Way, Savannah Zoning The property is zoned Low Density Residential. Specific Issues 1) Rear Setback The proposed rear setback is 6’-10” or a shortfall of 13’-2”, whereas the minimum setback is 20’ in accordance with regulation 9(8)(i) of the Development and Planning Regulations, (2020 Revision). 2) Lot Size Per regulation 9(8)(d), the minimum required lot size is 20,000-s/f for two dwelling units, whereas the proposed lot size is 9,875-s/f or a shortfall of 10,125-s/f SUPPLEMENTARY ANALYSIS No changes have been made to the application.

2.0 APPLICATIONS REGULAR AGENDA (Items 2.4 to 2.27)

2.4 WILLOW PROPERTY HOLDINGS LTD (Darius, Daniel Campbell) Block 53A Parcel 104 (P20-0963) ($750,000) (JP) Application for a house, pool and LPG tank.

FACTS Location North Side Road, North Side Zoning LDR Notification result No Objectors Parcel size proposed 0.4 ac. (17,424 sq. ft.) Parcel size required 10,000 sq. ft. Current use Vacant Proposed building size 3165 sq. ft. Total building site coverage 17.9% Required parking 1 Proposed parking 3

BACKGROUND No Planning history

Recommendation: Discuss the application, for the following reasons: 1) High Water Mark setback (29’ 1” v 75’)

AGENCY COMMENTS Comments from the Department of Environment (NCC) are noted below.

Department of Environment (NCC) Under delegated authority from the National Conservation Council (section 3 (13) of the National Conservation Law, 2013), the Department of Environment offers the following for your consideration. The site is occupied by coastal shrubland, which is primary habitat. We are pleased to see the note which indicates that as much native vegetation will be retained as possible. Section 8 (2)(10)(b) of the Development & Planning Regulations (2020 Revision) requires all buildings and structures (including ancillary structures), to be setback 75

feet from the Mean High Water Mark on coastlines with beaches. The Department of Environment is concerned by the proposed coastal setbacks of 29 feet 1 inch for the pool deck and 37 feet 1.5 inch for the main house of this development. Furthermore, we note that there are no design features, such as a wash-through ground floor or positioning of the building on elevated pilings to help mitigate against the effects of sea inundation on the proposed dwelling. Given the climate change predictions for the region, including sea level rise and increased intensity of storm events (including storm surge), it is no longer considered appropriate to reduce coastal setbacks, particularly on high energy coastlines such as this. Whilst the site is located within a reef-enclosed lagoon, which offers some protection, the Department urges the applicant to revisit the proposed layout of the development in order to maximise the setback from the sea. The Department does not support a variance to the coastal setback based on the current design of the project and recommends that the development is redesigned to allow for a greater coastal setback and to include design features which would help protect the house against sea inundation. If the CPA is minded to grant approval for this application, we recommend that any sand excavated as part of the development remains on site. Beach quality site is a finite resource and it is in the applicant’s best interests to ensure that it remains in the existing beach system. We therefore recommend the inclusion of the following condition: Any sand excavated as part of the construction works shall remain on site and be returned to this beach system. If the volume of sand is deemed too great to retain all sand on site, any removal from site should be the subject of a separate consultation with the National Conservation Council.

APPLICANT’S COMMENTS See Appendix A

PLANNING DEPARTMENT ANALYSIS General The application site is located in the North Side area of Grand Cayman with the Caribbean Sea forming the northern boundary. Existing developed lots are sited to the east and west with North Side Road, which serves the site, creating the southern boundary. The application seeks Planning Permission for the creation of a single dwelling house with ancillary structures such as a pool, pool deck and LPG tank. Zoning The property is zoned Low Density Residential.

Specific Issues 1) High Water Mark setback (29’ 1” v 75’) Regulation 8(2)(10)(b) applies which requires a minimum setback of 75’ from the High Water Mark. The variance letter details the shoreline as ironshore and considers Regulation 8(2)(10)(c) should apply whereby only a 50’ setback is required. The Department is of the view that the shoreline is not ironshore, it is beach with some loose rocks that have washed ashore. If the 75’ setback is applied the majority of the house would require a variance and the lot could be considered undevelopable. The house on the adjacent property to the west (53A 158) was granted approval in 2013 for a house with a HWM setback of 64’ and the patio at 52’. The house on the adjacent property to the east (53A 105) was granted approval for a house that complied with the 75’ HWM setback. Members are invited to consider the content of the variance letter to consider if an exceptional circumstance exists to permit a variance to the High Water Mark setback.

2.5 SHERIDAN BROOKS-HURST (BDCL Architects) Block OPY Parcel 67(P20-0764) (BES)

Application fora parking lot. FACTS Location Off Shedden Road, George Town Zoning G.COM Notice results No Objectors Parcel Size 0.2104 ac (9,165.02 sq ft)

BACKGROUND No previous planning history

Recommendation: Discuss the application for the following reason: 1) Determine if the parking lot is functional or if changes are required per the discussion item below.

PLANNING DEPARTMENT ANALYSIS General The application is for 21-parking spaces parking lot at the above-captioned property. The site is off Shedden Road, George Town. The parking lot would connect with an existing parking lot for Artillery Court.

Zoning The property is zoned General Commercial. Specific Issues 1) Parking layout The manner in which the parking lot is designed results in no reverse area for space 16 and conflicts with vehicles exiting spaces 8 and 9. It is suggested that changes could be made to improve this design and make the parking area more functional, but it may result in the loss of two parking spaces.

2.6 CATHERINE ANDERSON AND DAN BOND (BDCL Architects) Block 7D Parcel 45 (P20-0666) ($8,000) (BES) Application for an after-the-fact 3’ high wall and 5’ high wooden picket fence. FACTS Location South Church Street, George Town Zoning LDR Parcel Size 0.4470 ac (19,471.3 sq ft) Current use Dwelling House

BACKGROUND August 20, 2019, a dwelling house, pool, and LPG tank were granted admin planning permission.

Recommendation: Discuss the application, for the following reason: 1) Wall setback 1’-0” from S. Church Street

PLANNING DEPARTMENT ANALYSIS General The application is for an after-the-fact 3-ft high wall along S. Church Street and 5-ft high wooden picket fence along the side boundary at the above-captioned property. The site is located on South Church Street, George Town. Zoning The property is zoned Low Density Residential. Specific Issue 1) Wall along South Church Street As submitted, the 3’ high wall along the public road is setback 1’ from the front property line. The picket fence would be setback approximately 2-ft from the public

road. The garbage enclosure also has the same setback. The Authority must determine if this setback is acceptable along a busy public road. 2.7 PAUL PEENE (AMR Consulting Engineers) Block 19A Parcel 22 (P20-0939) ($2,000,000) (MW) Application for two story warehouse with (2) suites. FACTS Location Lincoln Dr., George Town Zoning Light Industrial Notification result No Objectors Parcel size proposed 0.4212 ac. (18,347.472 sq. ft.) Parcel size required 20,000 sq. ft. Current use Vacant Proposed building size 12,677 sq. ft. Total building site coverage 82.3% (Building + Parking) Required parking 12.67 spaces Proposed parking 15 spaces

Recommendation: Discuss the application, for the following reasons: 1) Lot Size (18,347.472 sq. ft. vs 20,000 sq. ft.) 2) Driveway width (20’ vs 22’) 3) Driveway turning radii (2’ 5” vs 15’)

AGENCY COMMENTS Comments from the Water Authority, National Roads Authority, Department of Environmental Health and Department of Environment (NCC) are noted below.

Water Authority Please be advised that the Water Authority’s requirements for this development are as follows:

Wastewater Treatment & Disposal  The developer shall provide a septic tank(s) with a capacity of at least (2,500) US gallons for the proposed, based on the following calculations:

BUILDING UNITS/BLDG GPD/UNIT GPD/BLDG GPD Warehouse 12,677sqft & 4 0.1gpd/sqft & 1,667.7gpd 1667.7gpd Building Water closets 100gpd/Water closet

TOTAL 1667.7gpd

Potential High-Water Use: The plans submitted do not indicate the types of tenants to be included; therefore, the above requirements are based on low-water-use tenants; i.e., those where wastewater generation is limited to employee restrooms/breakrooms. The developer is advised that if high-water-use tenants; e.g., food service, laundry, etc., are anticipated, provision should be made at this stage by providing details so that the requirements can be adjusted accordingly. Any future change-of-use applications to allow for a high-water-use will require an upgrade of the wastewater treatment system which, depending on the use, may include in-the-ground interceptors for grease or oil-grit or lint, and depending on the volume, an upgrade to an Aerobic Treatment Unit.

For Water Authority approval at BCU stage, a detailed profile drawing of the proposed wastewater treatment system is required. The drawing shall indicate: 1. If the proposed septic tank will be site-built or precast. (You may use the Water Authority drawing for site-built tanks available from the Authorities website or a Precast septic tank drawing if you intend to use a Precast Tank). 2. All dimensions and materials shall be provided for any site-built tanks. 3. Manhole extensions are permitted up to a maximum of 24” below finished grade. 4. Detailed specifications including make and model for (H-20) traffic-rated covers for septic tanks proposed to be located within traffic areas. 5. A detailed profile cross-section of the wastewater system clearly showing the plumbing from building stub out to the effluent disposal well achieving the minimum invert connection specified above. (Alternatively details of proposed lift station shall be required) 6. The Water Authorities updated 2020 effluent disposal well specifications. 7. A 30ft horizontal separation between the effluent disposal well and any stormwater drainage wells.

Water Supply The proposed development site is located within the Water Authority’s piped water supply area.  The developer shall contact Water Authority’s Engineering Services Department at 949-2837, without delay, to be advised of the site-specific requirements for connection to the public water supply.  The developer shall submit plans for the water supply infrastructure for the development to the Water Authority for review and approval.  The developer shall install the water supply infrastructure within the site, under the Water Authority’s supervision, and in strict compliance with the approved plans and Water Authority Guidelines for Constructing Potable Water Mains. The Guidelines and Standard Detail Drawings for meter installations are available via the following link to the Water Authority’s web page: http://www.waterauthority.ky/water- infrastructure . 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.

If there are questions or concerns regarding the above, please email them to: [email protected]

National Roads Authority

As per the plans submitted by the applicant on December 9th 2020, the NRA has reviewed the above-mentioned planning proposal. The date on the plans provided is December 9th 2020 and incorporate planning comments and design modifications. Please find below our comments and recommendations based on the site plan provided.

Road Capacity Issues

The traffic demand to be generated by the above proposed development of 12,677 sq. ft. has been assessed in accordance with ITE Code 150 - Warehousing. The anticipated traffic to be added onto Lincoln Drive is as follows: AM PM Expect Peak Peak AM AM PM PM ed Daily Hour Hour Peak In Peak Out Peak In Peak Out Trip Total Total Traffic Traffic 33 2 1 1 4 2 2 Based on these estimates, the impact of the proposed development onto Lincoln Drive is considered to be minimal. Access and Traffic Management Issues 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-four (24) ft. Please have applicant revise site plan to comply.

A six (6) foot sidewalk shall be constructed on Lincoln Drive, within the property boundary, to NRA standards. Please have the applicant provide details of the proposed sidewalk on the proposed Stormwater Management Plan that reflects NRA standards, which can be found on the NRA website at, https://www.caymanroads.com/upload/files/3/Sidewalk%20&%20Curbing%20Details.pd f.

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 worse 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 Lincoln Drive. 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 Department that non- compliance with the above-noted stormwater requirements would cause a road encroachment under Section 16 (g) of The Roads Law (2005 Revision). 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.

Should you have any questions, please do not hesitate to contact the undersigned.

Department of Environmental Health 1. This development requires (1) 8 cubic yard container with twice per week servicing.

2. The location of the enclosure does not meet DEH requirements in regards to the turning radius. The turning radius required for access to the enclosure must be adequate a 3-axil truck. The overall length of the truck is 36 feet and the overall width is 8 feet. A minimum outside turning radius of 46 feet is required. The minimum inside radius shall be 33 feet. 3. Revise drawings must be submitted for review and approval.

Department of Environment (NCC) N/A

Fire Department Please note, the revised site drawing that depicts the proposed location of the fire hydrant and fire lane access were reviewed and approved on December 23rd 2020. However, due to technical difficulty the said drawing could not be stamp and upload back into the OPS system.

APPLICANT’S LETTER We would like to request a variance from the minimum lot size of 20,000 sf. Lot 19A22 is 18,347 sf.

Reason for Request:

1. Lot 22 was created on March 6, 2003 by Fixed Boundary 51/012, and at the time the 1997 Development Plan was in effect which did not include the guideline of >20,000 sf 2. The nearby lot 19A24 is 17,328 sf and was grated Planning permission on June 4, 2017 to build a 3 story 40’6”h combination of offices and warehouse structure.

GumTree proposes building a similar concrete warehouse in line with the quality and care found on projects 1, 2, 3 on lots 20C120, 121, 164 respectively.

We respectfully request the CPA grant planning permission for this project. Please call if you have any questions

PLANNING DEPARTMENT ANALYSIS General The application is for a Two Story Warehouse with (2) Suites & lot size variance to be located on Lincoln Dr., George Town. Zoning The property is zoned Light Industrial and the Department would offer the following comments regarding the specific issue noted below. Specific Issues 1) Lot Size Regulation 8(9) states “After the 6th May, 2002, the minimum lot size in a Commercial zone or Industrial zone shall be 20,000 sq. ft.” The subject parcel is currently 18,347.472 sq. ft. a difference of 1,652.528 sq. ft. 2) Driveway width The entrance width is 22’, but the driveway next to the parking spaces is only 20’. Typically, the Authority requires a minimum width of 22’ to allow for two way traffic flow as well as for reversing out of perpendicular parking spaces. 3) Driveway turning radii The Authority typically requires 15’ radii on each side of the driveway. In this case, the applicant is providing radii of only 2’ 5” which makes entering and existing the site difficult.

2.8 LOUCHRIS LTD. (Tony Lattie) Block 13D Parcel 220 (P20-1012) ($325,000) (MW) Application for 4 apartments with attached laundry room. FACTS Location Greenwood Dr., George Town Zoning High Density Residential Notification result No Objectors Parcel size proposed 0.15 ac. (6,534 sq. ft.) Parcel size required 5,000 sq. ft. Current use Vacant Proposed building size 1,768.30 sq. ft. Total building site coverage 27.1%

Allowable units 3.75 units Proposed units 4 units Allowable bedrooms 6.3 bedrooms Proposed bedrooms 4 bedrooms Required parking 6 spaces Proposed parking 6 spaces

BACKGROUND August 27, 1997 – Proposed Two Bedroom Duplex -the application was considered and it was resolved to grant planning permission.

Recommendation: Discuss the application, for the following reasons: 1) Suitability 2) Unit Density (4 vs 3.75) 3) Parking functionality 4) Lot Width (61’-0” vs 100’-0”)

AGENCY COMMENTS Comments from the Water Authority, National Roads Authority, Department of Environmental Health and Department of Environment (NCC) are noted below. Water Authority Please be advised that the Water Authority’s requirements for this development are as follows:

Wastewater Treatment & Disposal  The developer shall provide a septic tank(s) with a capacity of at least (1,250) US gallons for the proposed, based on the following calculations:

BUILDING UNITS/BLDG GPD/UNIT GPD/BLDG GPD Apartment Building 4 x 1-Bed Units 150gpd/1-Bed Unit 600gpd 600gpd TOTAL 600gpd

 Treated effluent from the septic tank shall discharge to an effluent disposal well constructed by a licenced driller in strict accordance with the Authority’s standards. Licenced drillers are required to obtain the site-specific minimum borehole and grouted casing depths from the Authority prior to pricing or constructing an effluent disposal well.  To achieve gravity flow, treated effluent from the septic tank shall enter the disposal well at a minimum invert level of 4’5” above MSL. The minimum invert level is that required to maintain an air gap between the invert level and the water level in the well, which fluctuates with tides and perching of non-saline effluent over saline groundwater.

Traffic Rated Tank and Covers The drawings indicate that the septic tank is proposed to be located within a traffic area. Therefore, a traffic rated tank and covers are required. The Water Authority requires that manhole covers be traffic rated heavy duty to meet AASHTO H-20 loadings of 16,000lb wheel loads and sealed with a gasket or O-ring. Covers and frames shall be manufactured from ductile iron or gray iron complying with the requirements of ASTM A-48 Class 35.

Lint Interceptor Required at commercial, institutional & coin-op laundries. An approved lint interceptor is required for commercial, institutional and coin- operated laundries. The developer is required to submit specifications for all laundry (washer) equipment to the Water Authority for determination of the required capacity of interceptor. Specifications can be sent via email to [email protected]

Water Supply The proposed development site is located within the Water Authority’s piped water supply area.

 The developer shall contact Water Authority’s Engineering Services Department at 949-2837, without delay, to be advised of the site-specific requirements for connection to the public water supply.  The developer shall submit plans for the water supply infrastructure for the development to the Water Authority for review and approval.  The developer shall install the water supply infrastructure within the site, under the Water Authority’s supervision, and in strict compliance with the approved plans and Water Authority Guidelines for Constructing Potable Water Mains. The Guidelines and Standard Detail Drawings for meter installations are available via the following link to the Water Authority’s web page: http://www.waterauthority.ky/water- infrastructure . 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.

If there are questions or concerns regarding the above, please email them to: [email protected]

National Roads Authority

None received at this time.

Department of Environmental Health 1. DEH has no objections to the proposed in principle. 2. This development requires (4) 33 gallon garbage bins. a. The enclosure should be located as closed to the curb as possible without impeding the flow of traffic. The enclosure should be provided with a gate to allow removal of the bins without having to lift it over the enclosure.

Department of Environment (NCC)

Under delegated authority from the National Conservation Council (section 3 (13) of the National Conservation Law, 2013), the Department of Environment confirms that we have no objection to the proposed apartments at this time as the site is man-modified and of limited ecological value. However, we recommend the applicant plants and incorporates native vegetation into the landscaping scheme. Native vegetation is best suited for the habitat conditions of the Cayman Islands, resulting in vegetation that requires less maintenance which makes it a very cost-effective choice.

Please do not hesitate to contact the Department should you require further assistance.

Fire Department Approved for Planning Permit Only 4 December 2020

APPLICANT’S LETTER We write on behalf of our client for the above application. With the counting growth of the surrounding area and the growing demand for more accommodation the land owner has invested into the proposed property to meet some of the growing demands of the area and community. The proposed single storey development includes five (4) one bedroom units, communal laundry with ample parking, and green areas. We are seeking approval from the Central planning Authority for a four unit apartment development, laundry, with lot width and unit density variance. Lot width and unit density variance The proposed development is located in a High Density Residential zone; the subject parcel is surrounding by some residential homes, apartments and commercial developments the proposed development complies with all required setbacks for a HDR zoned development. We are seeking a lot width and unit density variance under regulation 8(13) (b) & (d) of 62’-10 vs 100’-0”, 4 units under the following conditions 1. The characteristics of the proposed development are consistent with the character of the surrounding area. 2. The proposal will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, to the neighbourhood, or to the public welfare. 3. Where lesser setbacks are proposed for a development or a lesser lot size is proposed for a development, the Authority shall in addition be satisfied that the adjoining property owners have been notified of the application. 4. No objection has been received from the surrounding property owners affected by the lesser lt size condition during the notification period. 5. In regards to the unit density based on the size of the lot the allowable number of units would be 3.75 units, based on common calculation practices of rounding up brings us to 4 units 6. The proposed development is located near to other apartment developments with similar or the same lot size conditions along the same access road, (see appendix 1) In general the overall development meets or exceeds the required setback conditions, given that this is the only variance being requested of the CPA. We are proposing that the proposed development in question is viewed by the CPA members that it meets all other planning requirements except for the lot width , it should be noted that there are other approved apartment developments with the same lot size along the same roadway that have been approved with a higher number of units. (see Block 13D arcel 230 (F17-0104) (P17-0478) CPA meeting held on Aug 16th 2017 item 2.2) We are seeking that a similar consideration be extended to this application.

We thank you for your consideration of this matter and look forward to the decision on this application. Please don’t hesitate to contact me with any queries.

PLANNING DEPARTMENT ANALYSIS General The application is for a (4) unit apartment complex with attached Laundry Room with lot width & unit density variances to be located on Greenwood Dr., George Town. Zoning The property is zoned High Density Residential. Specific Issues 1) Suitability Section 9(6) states that in locations considered as suitable by the Authority apartments may be permitted. An overview of the proposed site shows the surrounding area to be primarily residential homes and vacant parcels with apartments within the nearby vicinity.  13D 222 :- Apartments  13D 230:- 8 Studio Apartments (Approved 16-8-17) (CPA/16/17; Item 2.2)  13D 231:- Apartments  13D 319:- Apartments (Approved 5-16-2007)(CPA/13/07; Item 2.27)  13D311:- 4 Studio Apartments (Approved 3-7-2019) (CPA/14/19; Item 2.10) 2) Unit Density Regulation 9(6)(c) states “ the maximum number of apartments is twenty-five per acre.” The current proposed lot size (0.15 Ac / 6,534 sq. ft.) and would allow for a maximum of 3 units (3.75). The applicant has proposed 4 units, a difference of 1unit. 3) Parking functionality Parking spaces 3 and 4 are adjacent to the building with no room for vehicles to reverse out of the spaces. If these spaces are deleted, then the number of remaining spaces would not comply with the Regulations. 4) Lot Width Regulation 9(6)(f) states “the minimum lot width for guest houses and apartments is 100’”. The proposed lot would be 61’-0” a difference of 39’-0”.

2.9 HANSEL RANKINE (TSC Architecture) Block 14BG Parcel 97 (P20-0716) ($10,000) (MW) Application for change of use to take out restaurant. FACTS Location North Church St., George Town Zoning General Commercial Notification result No Objectors Parcel size proposed 0.15 ac. (6,534 sq. ft.) Parcel size required 20,000 sq. ft. Current use Existing Commercial Building Proposed building size 423 sq. ft. Total building site coverage 6.47% Required parking 2.1 spaces Proposed parking 4 spaces (Existing)

BACKGROUND May 22, 1994 – Proposed Retail Shop (Approved) November 17, 2004 – Proposed Shop (Closed)

Recommendation: Discuss the application, for the following reasons: 1) HWM survey requirement 2) Parking

AGENCY COMMENTS Comments from the Water Authority, National Roads Authority, Department of Environmental Health and Department of Environment (NCC) are noted below.

Water Authority Please be advised that the Water Authority’s requirements for this development are as follows:

Wastewater Treatment & Disposal  The developer shall provide a septic tank(s) with a capacity of at least (1,000) US gallons for the proposed, based on the following calculations:

BUILDING UNITS/BLDG GPD/UNIT GPD/BLDG GPD Take-out Building (423sqft) 1gpd/sqft 423gpd 423gpd TOTAL 423gpd

Grease Interceptor A grease interceptor with a minimum capacity of (600) US gallons is required to pre- treat flows from kitchen fixtures and equipment with grease-laden waste; e.g., pot sinks, pre-rinse sinks; dishwashers, soup kettles or similar devices; and floor drains. The outlet of the grease interceptor shall be plumbed to the sanitary sewage line leading to the septic tank. For Water Authority approval at BCU stage, a detailed profile drawing of the proposed wastewater treatment system is required. The drawing shall indicate: 1. If the proposed septic tank will be site-built or precast. (You may use the Water Authority drawing for site-built tanks available from the Authorities website or a Precast septic tank drawing if you intend to use a Precast Tank). 2. All dimensions and materials shall be provided for any site-built tanks. 3. Manholes extensions are permitted up to a maximum of 24” below finished grade. 4. Detailed specifications including make and model for (H-20) traffic-rated covers for septic tanks proposed to be located within traffic areas. 5. A detailed profile cross-section of the wastewater system clearly showing the plumbing from building stub out to the effluent disposal well achieving the minimum invert connection specified above. (Alternatively details of proposed lift station shall be required) 6. The Water Authorities updated 2020 effluent disposal well specifications. 7. A 30ft horizontal separation between the effluent disposal well and any stormwater drainage wells.

If there are questions or concerns regarding the above, please email them to: [email protected]

National Roads Authority A revised site plan is needed. New plans were submitted, however no new comments received at this time.

Department of Environmental Health 1. This application is not recommended for approval. 2. The applicant must specify where the food is being prepared and the method of transport of the prepared food to the restaurant. 3. The applicant is advised that food must be prepared in a kitchen/facility an approved by Environmental Health. 4. The specifications for the hot water heater must be submitted. 5. A hand wash sink is required. New plans were submitted, however no new comments received at this time.

Department of Environment (NCC)

Under delegated authority from the National Conservation Council (section 3 (13) of the National Conservation Law, 2013), the Department of Environment (DoE) confirms that we have no objection to the proposed change-of-use at this time.

Please do not hesitate to contact the Department should you require further assistance.

APPLICANT’S LETTER I am writing on behalf of Hansel Rankine who recently applied to the department for an approval for change of use from retail, to a take-out restaurant. In doing so the current location is on the Water Front and requires a High –Water Mark Survey. And as such Mr. Rankine is applying for an exemption as he will not conduct business beyond the Seawall. It is further noted, that the adjoining property owners have been notified of the application. Should there be need for further information required please feel free to contact the undersigned.

PLANNING DEPARTMENT ANALYSIS General The application is for a change of use to take out restaurant; 423 sq. ft. to be located on North Church St., George Town. Zoning The property is zoned General Commercial. Specific Issues 1) HWM survey requirement The Authority should determine if a HWM survey will be required for the proposed development, the applicant has submitted a letter stating that no business would be conducted beyond the existing seawall. The shoreline is ironshore. 2) Parking The parcel has 3 existing parking spaces and meets the required 2.1 spaces for the proposed development, however the Department questions the manoeuvrability of the existing parking spaces.

2.10 A.N.A HOLDINGS LIMITED (GMJ Home Plans Ltd) Block 20D Parcel 206 (P20- 0834) ($210,000) (BES) Application for an apartment unit addition to existing apartments. FACTS Location Canal LN, off Crewe Road Zoning MDR Notification result No Objectors Parcel Size Proposed 0.33 ac. (14,374.8 sq. ft.) Parcel Size Required 20,000 sq. ft. Current Use Apartments Building Size 1,198 sq. ft.

Building Site Coverage 18.9% Allowable Units 6 Proposed Units 4 Allowable bedrooms 10 Proposed bedrooms 8 Required Parking 6 Proposed Parking 7

Recommendation: Discuss the application, for the following reason: 1. Lot Size – Regulation (14,374.8 sq ft vs. 20,000 sq ft)

AGENCY COMMENTS Comments from the National Roads Authority, Department of Environmental Health, Water Authority, C.I. Fire Service are noted below.

National Roads Authority As per your memo dated October 3rd, 2020 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 a four (4) multi- family units has been assessed in accordance with ITE Code 220. Thus, the assumed average trip rates per dwelling unit provided by ITE for estimating the daily, AM and PM peak hour trips are 6.63, 0.51 and 0.62 respectively. The anticipated traffic to be added onto Canal Lane is as follows: AM PM Peak Peak Expected AM Peak AM Peak PM Peak PM Peak Hour Hour Daily Trip 16% In 84% Out 67% In 33% Out Total Total Traffic Traffic 27 2 0 2 3 2 1 Based on these estimates, the impact of the proposed development onto Canal Lane is considered to be minimal. Access and Traffic Management Issues 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-four (24) ft.

A six (6) foot sidewalk shall be constructed on Canal Lane, within the property boundary, to NRA standards. The have applicant comply.

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.

 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 Canal Lane. 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 Department that non- compliance with the above-noted stormwater requirements would cause a road encroachment under Section 16 (g) of The Roads Law (2005 Revision). 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.

Department of Environmental Health Please see the department’s comments on the above application: 1. DEH has no objections to the proposed in principle. This development will require four (thirty-three) gallon bins and enclosure.

Water Authority Please be advised that the Water Authority’s requirements for this development are as follows:

Wastewater Treatment & Disposal  The developer shall provide a septic tank(s) with a capacity of at least (1,500) US gallons for the proposed, based on the following calculations:

BUILDING UNITS/BLDG GPD/UNIT GPD/BLDG GPD Fonseca Apartments 4 x 2-Bed Units 225gpd 900gpd 900gpd TOTAL 900gpd

Change of Use with Existing Septic Tank: The site plan indicates that a storage structure has been built upon the existing septic tank. The developer is advised that the Water Authority does not permit septic tanks to be built over. If the developer proposes to utilize the existing septic tank and/or disposal well, the storage structure shall be removed and the system shall be inspected and serviced as per the Septic Tank Inspection Form that can be downloaded from the Water Authority’s website via the following link: https://bit.ly/2RO8MBB. The completed inspection form shall be returned to the Water Authority for review and determination as to whether the existing system meets Water Authority design specifications. Any deficiencies noted will require repair or replacement prior to final approval.

For Water Authority approval at BCU stage, a detailed profile drawing of the proposed wastewater treatment system is required. The drawing shall indicate: 8. If the proposed septic tank will be site-built or precast. (You may use the Water Authority drawing for site-built tanks available from the Authorities website or a Precast septic tank drawing if you intend to use a Precast Tank). 9. All dimensions and materials shall be provided for any site-built tanks. 10. Manholes extensions are permitted up to a maximum of 24” below finished grade. 11. Detailed specifications including make and model for (H-20) traffic-rated covers for septic tanks proposed to be located within traffic areas. 12. A detailed profile cross-section of the wastewater system clearly showing the plumbing from building stub out to the effluent disposal well achieving the minimum invert connection specified above. (Alternatively details of proposed lift station shall be required) 13. The Water Authorities updated 2020 effluent disposal well specifications. 14. A 30ft horizontal separation between the effluent disposal well and any stormwater drainage wells.

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.

C.I. Fire Services The C.I. Fire Services approved the site layout.

APPLICANT’S LETTER We write on behalf of our client, Ms. Chaturika Fonseca / A.N.A. Holdings Ltd with regards following variance: • A lot size variance - The proposed lot size is 14,374.80 sgft which is less than the required for apartment development.

We request permission for the proposed development to remain as shown on the

drawings provided and humbly give the following reasons:

1. Per section 8(l3)(d) of the Planning Regulations, the owners of the adjacent properties were notified by register mail: 2. Per section 8(l3)(b)(iii) of the Planning Regulations, the proposal will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, the neighborhood, or to the public welfare: 3. There are 3 existing apartments on the subject site; 4. The characteristics of the proposed development are consistent with the surrounding area; 5. The application complies with all other relevant planning requirements.

We look forward to your favorable response to this variance

PLANNING DEPARTMENT ANALYSIS General The application is for an apartment unit (1,198 sq ft) addition to three existing apartments at the above-captioned property. The site is located on Canal LN, Castaway Apartments off Crewe Road, George Town. Based on Cayman Land Info Map, the neighbouring lots on Canal LN are apartments and single family residential. Zoning The property is zoned Medium Density Residential. Specific Issues 1) Lot Size - Regulation 9(7)(f) Per Regulation 9(7)(f), the minimum required lot size for apartments is 20,000 sq ft, whereas the proposed lot size is 14,374.8 sq ft or a shortfall of 5,625.2 sq ft. For the Authority’s information, apartments existed on the site from 1981. In 2008, the Authority granted permission to take down the existing building and re-build three apartments. At that time, a lot size variance was granted. It would appear clear that the lot size has been deemed suitable for three apartments, but the Authority must now determine if the lot size is suitable for a fourth unit.

2.11 MALCOLM & HAZEL EBANKS (Whittaker & Watler) Block 4C Parcel 277 (P20- 0815) ($107,670) (AS)

Application for an addition to a house to create three apartments.

FACTS Location Capt Dudley Drive Zoning LDR Notice Result No objections Parcel Size Proposed .31 acres (13,503 sq. ft.) Parcel Size Required 25,000 sq ft Current Use Residential Proposed Use Residential Existing footprint 2,393 sq ft Proposed addition 717sq ft Proposed bldg. size 5,596 sq ft Building Coverage 23% Allowable units 4 Proposed units 3 Allowable bedrooms 7 Proposed bedrooms 6 Required parking 5 Proposed Parking 5

Recommendation: Discuss the application, for the following reasons: 1) Suitability 2) Lot size (25,000 sq ft vs 13,503 sq ft) 3) Lot Width (100 ft v 95 ft)

APPLICANT’S LETTER “On behalf of my client, I would like to request a variance for the lot size and min. lot width. There is sufficient reason to grant a variance and an exceptional circumstance exists, which may include the fact that the characteristics of the proposed development are consistent with the character of the surrounding area. My client would like to add a 2-Unit onto there existing house because due to the

pandemic, they had to close their business and are looking for other ways to make a living. We are looking forward for your good office for consideration and approval of the variance request.” AGENCY COMMENTS: Comments from the Water Authority, Fire Service and Department of Environmental Health are noted below. Water Authority “Please be advised that the Water Authority’s requirements for this development are as follows: Wastewater Treatment & Disposal • The developer shall provide a septic tank(s) with a capacity of at least (1,250) US gallons for the proposed, based on the following calculations.

BUILDING UNITS/BLDG GPD/UNIT GPD/BLDG GPD Existing House 4 – Bedrooms 375gpd 375gpd 375gpd Proposed Apartment 1 – Bedroom 150gpd 150gpd 150gpd Proposed Apartment 1 – Bedroom 150gpd 150gpd 150gpd TOTAL 675gpd

• The septic tank shall be constructed in strict accordance with the Authority’s standards. Each compartment shall have a manhole to allow for inspection and service. Manholes shall extend to or above grade and be fitted with covers that provide a water- tight seal and that can be opened and closed by one person with standard tools. Where septic tanks are located in traffic areas, specifications for a traffic-rated tank and covers are required. • Treated effluent from the septic tank shall discharge to an effluent disposal well constructed by a licenced driller in strict accordance with the Authority’s standards. Licenced drillers are required to obtain the site-specific minimum borehole and grouted casing depths from the Authority prior to pricing or constructing an effluent disposal well. • To achieve gravity flow, treated effluent from the septic tank shall enter the disposal well at a minimum invert level of 4’10” above MSL. The minimum invert level is that required to maintain an air gap between the invert level and the water level in the well, which fluctuates with tides and perching of non-saline effluent over saline groundwater. For Water Authority approval at BCU stage, a detailed profile drawing of the proposed wastewater treatment system is required. The drawing shall indicate: 1. If the proposed septic tank will be site-built or precast. (You may use the Water

Authority drawing for site-built tanks available from the Authorities website or a Precast septic tank drawing if you intend to use a Precast Tank). 2. All dimensions and materials shall be provided for any site-built tanks. 3. Manholes extensions are permitted up to a maximum of 24” below finished grade. 4. Detailed specifications including make and model for (H-20) traffic-rated covers for septic tanks proposed to be located within traffic areas. 5. A detailed profile cross-section of the wastewater system clearly showing the plumbing from building stub out to the effluent disposal well achieving the minimum invert connection specified above. (Alternatively details of proposed lift station shall be required) 6. The Water Authorities updated 2020 effluent disposal well specifications. 7. A 30ft horizontal separation between the effluent disposal well and any stormwater drainage wells. Change-of-use with Existing Septic Tank If the developer proposes to utilize the existing septic tank and/or disposal well, the system shall be inspected and serviced per the Septic Tank Inspection Form that can be downloaded from the Water Authority’s website via the following link: https://bit.ly/2RO8MBB. The completed inspection form shall be returned to the Water Authority for review and determination as to whether the existing system meets Water Authority design specifications. Any deficiencies noted will require repair or replacement prior to final approval for certificate of occupancy. Water Supply Please be advised that the proposed development site is located within the Cayman Water Company’s (CWC) 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.”

Fire Service The Fire Service has marked the fire vehicle access drawing approved.

Department of Environmental Health “1. DEH has no objections to this proposal in principle. 2. The property would require (4) 33 gallons garbage bins. a. The enclosure should be located as close to the curb as possible without impeding the flow of traffic.”

PLANNING DEPARTMENT ANALYSIS General The application is for a 717 sq ft addition to change the existing house into three apartments. Zoning

The property is zoned Low Density Residential. Specific Issues 1) Suitability There are no other apartment developments on Capt Ln. The Authority should determine if the proposal will be in keeping with the character of the area. 2) Lot size Regulation 9 (8) (f) states that minimum lot size for apartments is 25,000 sq. ft. in a low density area. The subject parcel is 13,503 sq. ft. 3) Lot width Regulation 9 (8) (g) states that minimum lot width for apartments is 100 ft. in a low density area. The subject parcel is 95 ft wide.

2.12 DYLAN GIBSON (ABERNETHY) Block 20E Parcel 239 (P20-1099) ($3,709) (EJ) Application for two (2) lot subdivision. FACTS Location Halifax Road in Halfway Pond Zoning LDR Notification result No Objections Parcel size proposed 0.32 ac. (13,939 sq. ft.) Parcel size required 10,000 sq. ft. Current use House on Lot 2 BACKGROUND Existing house on Lot 2 and 20E233.

Recommendation: Discuss the application, for the following reasons: 1) Lot size variance (9,295 sq. ft. vs 10,000 sq. ft.) 2) Septic location

APPLICANT’S LETTER Enclosed please find the relevant documents relating to a 2-lot subdivision. Mrs. Euleta Flores is the current proprietor of the subject parcel and 20E 233. She wants to gift Lot 1 to her grandson, Mr. Dylan Gibson, so that he can build a residence. Mr. Gibson has been told that he cannot secure financing for the residence unless the parcel is in his name. Lot 2 will be combined with 20E 233. We are therefore asking for a variance on the lots size for Lot 1 and lot size and width for Lot 2 under the Planning Regulation 8(13) (b) (iii) to accommodate this.

PLANNING DEPARTMENT ANALYSIS General The proposed is seeking a lot size variance for a two-lot subdivision. Zoning The property is zoned Low Density Residential. Specific Issues 1) Lot Size Variance With the proposed lot-1 at (9,295 sq. ft. vs 10,000 sq. ft.); the applicant is seeking a lot size variance from the Authority with the remaining lot-2 proposed (4,731 sq. ft.) being combined with Block 20E Parcel 233. Additionally, the site plan indicates that the existing septic tank will be relocated, but a new location has not been provided.

2.13 PAUL MCGEOUGH Block 21B Parcel 94 (P20-0990) ($10,000) (AS)

Application for a wall. FACTS Location Easement with access from Carol Drive Zoning LDR Parcel Size .2307 AC (10,049 sq. ft.) Current Use Residential Proposed Use Wall Proposed Height: 4 ft with 5 ft 3 in columns

Background: Administrative approval was granted on the 4th November 2019 for a 3,075 sq. ft. house, pool & cabana. Administrative approval was granted on the 11th May 2020 to increase the size of the house from 3,075 sq ft to 3,114 sq. ft.

Recommendation: Discuss the application for the following reason: 1) Location of the wall on the road side property boundary

AGENCY COMMENTS

National Roads Authority: NRA has not commented.

PLANNING DEPARTMENT ANALYSIS General The application is for a 4 ft perimeter wall with 5 ft 3 in columns. Zoning The property is zoned Low Density Residential. Specific Issue 1) Location of wall along road Pursuant to Section 13(3)(e) of the Development and Planning Law (2017 Revision) the erection of walls and fences with setback adjacent to the road requires Planning permission. Recently, the Authority has been encouraging such walls to be setback a minimum of 4’ from the boundary. In this instance, the wall would be on the boundary.

2.14 ALLYSON WHITTAKER (Whittaker & Watler) Block 53A Parcel 43 (P20-0304) ($1,061,856) (JP) Application for 6 - 2 bedroom apartments and a pool. FACTS Location North Side Road, North Side Zoning LDR Notification result No objectors Parcel size proposed 1.5 ac. (65,340 sq. ft.) Parcel size required 20,000 sq. ft. Current use Vacant Proposed building size 8780.90 sq. ft. Total building site coverage 8.31% Allowable units 22 Proposed units 6 Allowable bedrooms 36

Proposed bedrooms 12 Required parking 9 Proposed parking 10

BACKGROUND September 10, 2001 – subdivision less than 6 lots approved

Recommendation: Discuss the application, for the following reasons: 1) Suitability

AGENCY COMMENTS Comments from the Water Authority, National Roads Authority, Department of Environmental Health, Department of Environment (NCC) and the Fire Department are noted below. Water Authority Please be advised that the Water Authority’s requirements for this development are as follows:

Wastewater Treatment & Disposal  The developer shall provide a septic tank(s) with a capacity of at least (2,250) US gallons for the proposed, based on the following calculations:

BUILDING UNITS/BLDG GPD/UNIT GPD/BLDG GPD Building 1 3 225 675 675 Building 2 3 225 675 675 TOTAL 1,350  The septic tank shall be constructed in strict accordance with the Authority’s standards. Each compartment shall have a manhole to allow for inspection and service. Manholes shall extend to or above grade and be fitted with covers that provide a water-tight seal and that can be opened and closed by one person with standard tools. Where septic tanks are located in traffic areas, specifications for a traffic-rated tank and covers are required.  Treated effluent from the septic tank shall discharge to an effluent disposal well constructed by a licenced driller in strict accordance with the Authority’s standards. Licenced drillers are required to obtain the site-specific minimum borehole and grouted casing depths from the Authority prior to pricing or constructing an effluent disposal well.

 To achieve gravity flow, treated effluent from the septic tank shall enter the disposal well at a minimum invert level of 4’6” above MSL or 5’9” if installed less than 100ft from the sea. The minimum invert level is that required to maintain an air gap between the invert level and the water level in the well, which fluctuates with tides and perching of non-saline effluent over saline groundwater. Water Supply The proposed development site is located within the Water Authority’s piped water supply area.  The developer shall contact Water Authority’s Engineering Services Department at 949-2837, without delay, to be advised of the site-specific requirements for connection to the public water supply.  The developer shall submit plans for the water supply infrastructure for the development to the Water Authority for review and approval.  The developer shall install the water supply infrastructure within the site, under the Water Authority’s supervision, and in strict compliance with the approved plans and Water Authority Guidelines for Constructing Potable Water Mains. The Guidelines and Standard Detail Drawings for meter installations are available via the following link to the Water Authority’s web page: http://www.waterauthority.ky/water- infrastructure . 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 May 27th, 2020 the NRA has reviewed the above-mentioned planning proposal. Please find below our comments and recommendations based on the site plan provided.

Parcel Boundary Issues

As can be seen from the screenshot below the parcel boundary for the above does not correspond to what is on the ground. As can be seen in the screenshot below, North Side Rd, under Boundary Plan 9 in gazette number 3/1977 within supplement 2, is a thirty (30) ft. wide public road.

Therefore, the NRA wishes to advise the CPA that this application should be subject to a fixed boundary survey to clear up any discrepancies between the road and parcel boundary locations.

Road Capacity Issues The traffic demand to be generated by a residential development of a six (6) multi-family units has been assessed in accordance with ITE Code 220. Thus, the assumed average trip rates per dwelling unit provided by ITE for estimating the daily, AM and PM peak hour trips are 6.63, 0.51 and 0.62 respectively. The anticipated traffic to be added onto North Side Road is as follows:

AM PM Expected Peak Peak AM Peak AM Peak PM Peak PM Peak Daily Hour Hour 16% In 84% Out 67% In 33% Out Trip Total Total Traffic Traffic

40 3 1 2 4 2 2 Based on these estimates, the impact of the proposed development onto North Side Road is considered to be minimal. Access and Traffic Management Issues 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-four (24) ft. Please have applicant comply. A six (6) foot sidewalk shall be constructed on North Side 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 worse 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 North Side 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 Department that non- compliance with the above-noted stormwater requirements would cause a road encroachment under Section 16 (g) of The Roads Law (2005 Revision). 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. Department of Environmental Health DEH has no objections to the proposed. A swimming pool application must be submitted for review and approval prior to constructing the pool.

Department of Environment (NCC) Under delegated authority from the National Conservation Council (section 3 (13) of the National Conservation Law, 2013), the Department of Environment offers the following comments for your consideration. The proposed development is set back approximately 50 feet from the Mean High Water Mark. The site is located on a rubble beach and contains coastal shrubland, which is primary habitat. Based on historical imagery of the site, the shoreline is relatively stable and the proposed development is located inland of the vegetation line (Figure 1). Therefore, the greatest risk to the proposed development is inundation during wave and storm events, and based on climate change predictions for the region, the risk will increase due to sea level rise and more powerful storm event. The Department of Environment notes that there are no design features, such as a wash- through ground floor or positioning of the building on elevated pilings to help mitigate against the effects of sea inundation on the proposed apartments. There is no steep gradient at the site to justify a departure from the minimum setbacks. The Department of Environment would therefore recommend this application be refused. It is imperative that minimum coastal setbacks are met, particularly given climate change predictions for the region. The DOE does not support the granting of a variance in the coastal setback, based on the current design of the proposed development. The proposed development could be redesigned such that the apartments are located on the south side of North Side Road or to include a wash-through ground floor. If the CPA is minded to approve the application, we recommend the inclusion of the following condition:  The native vegetation between the proposed development and the rubble beach shall be maintained.  Any sand excavated as part of the construction works shall remain on site and be returned to this beach system. If the volume of sand is deemed too great to retain all sand on site, any removal from site should be the subject of a separate consultation with the Council.  Construction materials shall be stockpiles at least 50 feet from the water’s edge. Retaining this mature native vegetation and integrating it into the landscaping scheme would be in the applicant’s best interest. It is salt-tolerant in nature and requires minimal care, use of precious freshwater resources, or herbicides and fertilizers. In addition, coastal shrubland can provide useful protection from stormwater.

Figure 1. The site plans overlain on 2018 historical imagery.

Fire Department Stamped approved drawings.

APPLICANT’S LETTER On behalf of my client, I would like to request a variance for the proposed project parking lot. There is sufficient reason to grant a variance and an exceptional circumstance exists, which may include the fact that the proposal will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, to the neighbourhood, or to the public welfare. Although the coast is 80% Iron Shore and loose rocks (Please see photos), all structures are at least 51 ft. measured from the HWM to the balconies based on Regulation 8(5). There are existing structures in the vicinity with such setbacks.

As for the scenic coast line, there are lots of development along Northern coast line and I think that if a person has a billable property they should be able to build it.

PLANNING DEPARTMENT ANALYSIS General The application site is located in North Side and straddles North Side Road with part of the lot to the south of the highway and the intended development site situated to the north on the sea. The Caribbean Sea forms the northern boundary and vacant parcels to the east and west. The application seeks Planning Permission for the construction of two apartment buildings containing 3 - 2 bedroom apartments in each building and a pool. Zoning The property is zoned Low Density Residential. Specific Issue 1) Suitability Regulation 9(8) permits apartments in suitable locations. The site is surrounded by vacant land beyond which houses and/or duplexes exist. Therefore, members are invited to consider the surrounding area and context in determining whether the site is suitable for the construction of apartments. 2) HWM setback The Department took photographs of the shoreline and is of the view that the shoreline would be considered ironshore. As such, the proposed development would comply with the required 50’ setback from the HWM.

2.15 PRO PLUS CONSTRUCTION LTD (TAG Ltd) Block 20E Parcel 44 (P20-1157) ($3.4M) (JP) Application for modify planning permission to revise the side setback as a result of a change in the parcel boundary and revise the parking layout and building elevations. FACTS Location Crewe Road, George Town Zoning MDR Notification result No Objectors Parcel size proposed 0.9 ac. (39,204 sq. ft.) Parcel size required 20,000 sq. ft. Current use Vacant Proposed building size 19006 sq. ft.

BACKGROUND February 19, 2020 (CPA/04/20; items 2.11 and 2.12) – the applications for 9 apartments, commercial building and 13 signs and respective strata subdivision approved

Recommendation: Discuss the application, for the following reason: 1) Side setback variance (5’ 1” v 15’)

APPLICANT’S LETTER Further to the application submitted in relation to the above referenced Project, we hereby request for a variance which requires a 15 ft minimum side setback variance per Planning Regulation 9 (7)(j). We would appreciate your consideration for this variance request on the following basis: (1) Under Regulation 8 (13)(b)(i), the characteristics of the proposed development are consistent with the character of the surrounding area: The proposed townhouse & commercial development was previously approved on the same location in compliance with the required minimum 15’ setback. However, the actual site condition shows that the adjacent parcel 20E 353 had an existing structure encroaching our client’s property. As a result, our client decided to sell the portion of the land to the owner of 20E 353 resulting to an approximately 5’-1” side setback variance on the West side of the property. The owner of 20E 353 had no objection on the setback being requested. We hope that the board will also find our request to be acceptable.

PLANNING DEPARTMENT ANALYSIS General The application site is located in George Town south of the airport. Crewe Road, which serves the site, also forms the northern boundary. Vacant land is sited to the east and a dwelling house forms the western boundary. To the south a single house set within a sizeable lot forms the southern perimeter. The application seeks planning permission to modify the existing approval enabling an amendment to the western boundary, revising parking layout (site plan) and revisions to the building elevations. Zoning The property is zoned Medium Density Residential. Specific Issue 1) Side setback variance (5’ 1” v 15’) Regulation 9(7)(j) requires a minimum setback of 15’ for structures more than one storey. The lot boundaries have been revised resulting in the townhouse building encroaching into the western boundary setback resulting in a distance of 5’ 1”.

Members are invited to consider the variance letter in determining the Planning application.

2.16 KENHUGH THOMAS (Bank Construction Ltd.) Block 22C Parcel 31 & 32 (P20- 0848) ($1,921,920) (MW)

Application for 12 apartments.

FACTS Location Selkirk Dr., George Town Zoning Low Density Residential Notification result No Objectors Parcel size proposed 1.03 ac. (44,866.8 sq. ft.) Parcel size required 25,000 sq. ft. Current use Vacant Proposed building size 17,482 sq. ft. Total building site coverage 21.02% Allowable units 15 units Proposed units 12 units Allowable bedrooms 24 bedrooms Proposed bedrooms 24 bedrooms Required parking 21 spaces Proposed parking 26 spaces

BACKGROUND May 13, 2009 – Propose Four Apartments with Eight Bedrooms (CPA/13/09; Item 2.1) - the application was considered and it was resolved to refuse planning permission.

Recommendation: Discuss the application, for the following reason: 1) Suitability

AGENCY COMMENTS Comments from the Water Authority, National Roads Authority, Department of Environmental Health and Department of Environment (NCC) are noted below.

Water Authority

The Water Authority’s requirements for the proposed development are based on the above referenced block and parcels being combined. The Authority’s requirements are as follows:

• The proposed development requires Aerobic Treatment Unit(s) with NSF/ANSI Standard 40 (or equivalent) certification that, when operated and maintained per manufacturer’s guidelines, the system achieves effluent quality of 30 mg/L Biochemical Oxygen Demand and 30 mg/L Total Suspended Solids. The proposed system shall have a treatment capacity of at least 3,150 US gallons per day (gpd), based on the following calculations.

BUILDING UNITS/BLDG GPD/UNIT GPD/BLDG GPD Building 1 7 x 2-Bed Units 225gpd/2-Bed Unit 1,575gpd 1,575gpd Building 2 7 x 2-Bed Units 225gpd/2-Bed Unit 1,575gpd 1,575gpd TOTAL 3,150gpd

 Treated effluent from the ATU shall discharge to an effluent disposal well constructed by a licenced driller in strict accordance with the Authority’s standards. Licenced drillers are required to obtain the site-specific minimum borehole and grouted casing depths from the Authority prior to pricing or constructing an effluent disposal well.  To achieve gravity flow, treated effluent from the ATU must enter the disposal well at a minimum invert level of 4’5” above MSL. The minimum invert level is that required to maintain an air gap between the invert level and the water level in the well, which fluctuates with tides and perching of non-saline effluent over saline groundwater.

link to the Water Authority’s web page: http://www.waterauthority.ky/water- infrastructure .

The Authority will 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.

If there are questions or concerns regarding the above, please email them to: [email protected]

National Roads Authority

None received at this time.

Department of Environmental Health 1. DEH has no objections to the proposed in principle. 2. However, the applicant is advised that the floor drain located in the garbage enclosure cannot be plumbed to a storm drain as shown on Drawing A-02. a. The drain for the enclosure must be plumbed to a garbage enclosure disposal well as per the Water Authority’s specifications. Contact [email protected] for deep well details. Department of Environment (NCC)

Under delegated authority from the National Conservation Council (section 3 (13) of the National Conservation Law, 2013), the Department of Environment offers the following for your consideration.

The site is man-modified with limited ecological value. We have reviewed the landscaping plan included with the planning application. The Applicant could consider including native species. They require less watering and maintenance as they are suited to the site’s conditions and therefore are a cost-effective choice.

Please do not hesitate to contact the Department should you require further assistance.

Fire Department Approved for Planning Permit Only 2 November 2020

CIAA The CIAA have no objection to the current proposal. (18-11-20)

PLANNING DEPARTMENT ANALYSIS General The application is for a (12) Unit Apartment complex (2) buildings to be located on Selkirk Dr., George Town. Zoning The property is zoned Low Density Residential and the Department would offer the following comments regarding the specific issue noted below. Specific Issues 1) Suitability Section 9(8) states the in locations considered as suitable by the Authority apartments may be permitted. The surrounding area is primarily residential homes and vacant parcels with some apartments within the nearby vicinity.  22C 30 :- Duplex (Approved 20-5-2004)  22C 34:- Six Bedroom Duplex (Approved 9-4-1999)  22D 81:- Apartments (Applied 11-20-1989)  22D 37:- Duplex (Approved 12-04-2002) The Authority shall determine if the site is a suitable location for apartments in accordance with Regulation 9(8).

2. 17 ROBERT & DAWN ERYOU Block 12C Parcel 496 (P20-1077) ($15,000) (AS)

Application for addition of exterior stairs & columns to existing duplex.

FACTS Location Clipper Bay Drive Zoning LDR Parcel Size .3465 AC (15,093 sq. ft.) Existing Building Size 3,859 sq ft Notices No objections

BACKGROUND CPA/09/19 (8th May 2019) - a 3,421 sq ft duplex with a 438 sq ft carport & pool were approved at the subject parcel. A side setback of 6 ft was approved for the pool. A front setback of 15 ft 3 in. was approved for the house. A rear setback of 16 ft 2 ½ in was approved for the pool decking. CPA/19/19 (11th September 2019) - a 4 ft wall located 2 ft from the road was approved.

Recommendation: Discuss the application for the following reason:

1) Side setback (10 ft vs 6 ft 6 ½ in )

APPLICANT’S LETTER “We write to the Central Planning Authority to request a 6’-6.5” side setback variance to construct a single storey exterior stairs for access to a roof terrace over guest room & columns located at each end corner on the second floor level on the 10’ side setback. As per Planning Regulation 8 (13b) our proposal meets the characteristics of the surrounding residential neighborhood & will not be materially detrimental to persons resident or working in the vicinity, to the adjacent property, to the neighborhood or public welfare. As per Section 8 (13d), we have notified the adjacent land owners and there have been no objections to date to this side setback variance request.”

PLANNING DEPARTMENT ANALYSIS General The application is for an exterior stairway and columns. Zoning The property is zoned Low Density Residential. Specific Issues Pursuant to Section 9 (8) (j) of the Development and Planning Law (2020 Revision), the minimum side setback for a duplex in a low density residential area is 10 ft for a building of one storey and 15 ft for a building of more than one storey. In this instance, the proposed stairs and column would be setback 6’ 6 ½” form the side boundary instead of the required 10’.

2.18 ALLAN BUSH Block 9A Parcel 718 (P20-1000) ($607,000) (AS)

Application for a house & pool. FACTS Location Shorecrest Cir Zoning LDR Notice Result No objections Parcel Size Proposed .3064 acres (13,346 sq. ft.) Parcel Size Required 10,000 sq ft Proposed Use Residential

Building size 4,376 sq ft Building Coverage Allowed 30% Building Coverage 32.7%

Recommendation: Discuss the application for the following reasons:

1) Site Coverage (32.7% vs 30%) 2) Rear Setback (13’ 9” vs 20’)

APPLICANT’S LETTER “Further to the application submitted in relation to the above referenced Project, we hereby request for a density variance which requires a maximum of 30 percent per Planning Regulation 9 (8)(h); and a setback variance to a site plan which requires a minimum of 20 ft front and rear setbacks per Planning Regulation 9 (8)(i). We would appreciate your consideration for this variance request on the following basis: (1) Under Regulation 8 (13)(b)(ii), the unusual terrain characteristics limit the site’s development potential: The proposed house buildings is well within the required setback. Only the proposed swimming pool and part of the pool deck is beyond the setback line, but still at approximately 13’-7” from the nearest distance to the rear boundary. The area between the pool and the boundary line will also be heavily landscaped, which will serve as a privacy screen and protection to the property. We also noticed that some developments within the vicinity also had their swimming pools located outside the minimum setback requirement. Also, the main house complied with the maximum site coverage allowed, but due to the covered back patio and front entry porch with steps requested by the client, we exceeded by approximately 2.78% more. We hope that the CPA board will find this request acceptable.”

PLANNING DEPARTMENT ANALYSIS General The application is for a 4,376 sq ft house & pool. Zoning The property is zoned Low Density Residential. Specific Issues 1) Lot Coverage Regulations 9 (8) (h) allows a maximum site coverage of 30% for houses in low density residential areas. The site plan shows a site coverage of 32.7%. If the house were to meet site coverage requirements, there may be no need for a rear setback variance.

2) Rear Setback Regulation 9 (8) (i) requires a minimum rear setback of 20 feet for houses in low density residential areas. The site plan shows a rear setback from the pool deck of 13 ft 9 in.

2.19 LARRY MYERS (FIX IT MAINTENANCE & REPAIRS) Block 5B Parcel 270 (P20-1022) ($12,000) (MW) Application for 6’ wooden fence. FACTS Location Boggy Sand Rd., West Bay Zoning Low Density Residential Notification result No Objectors Parcel size proposed 0.2904 ac. (12,649.824 sq. ft.) Parcel size required 10,000 sq. ft. Current use Existing Residence

BACKGROUND September 24, 2001 (Swimming Pool) – the application was considered and it was resolved to grand administrative approval.

Recommendation: Discuss the application, for the following reason:

1) Fence height (6’-0” vs 4’-0”)

AGENCY COMMENTS Comments from the Department of Environment (NCC) are noted below.

Department of Environment (NCC)

Under delegated authority from the National Conservation Council (section 3 (13) of the National Conservation Law, 2013), the Department of Environment confirms that we have no comments at this time.

Please do not hesitate to contact the Department should you require further assistance.

PLANNING DEPARTMENT ANALYSIS General The application is for a proposed 6’ shadowbox fence (wood) to be located on Boggy Sand Rd., West Bay.

Zoning The property is zoned Low Density Residential. Specific Issue 1) Fence Height The CPA fence guideline 4.3.1 stipulates that “In residential and tourism-related zones, no part of a solid wall or fence should exceed 48 inches in height”- The proposed wooden fence would be 6’-0” and located along the side boundary. It should be noted that the fence will on top of 4 rows of blocks, but the finished grade on the inside of the site is flush with the blocks so the height of the fence from finished grade will be 6’.

2.20 ALBERT THACKER Block 1D Parcel 669 (F95-0237) (P20-0687) ($5000) (JP)

Application for a generator. FACTS Location North West Point Road, West Bay Zoning BRR Notice requirements No objector Parcel size 0.63AC/27,442.8 sq. ft. Current use Residential Proposed use Residential Side setback permitted 15’ Side setback proposed 42” Front setback permitted 25’ Front setback proposed 25’

BACKGROUND July 22nd 2020 (CPA11/20; item 2.5) – an application to relocate LPG tank and propose new generator partially approved. Members determined the LPG tank relocation acceptable, however, the proposed generator was refused citing the following reason:  The proposed location for the generator is not satisfactory. Insufficient reasons have been provided to warrant granting the required setback variances. The proposed location would pose a nuisance to nearby land owners due to increased levels of noise versus the existing location of the generator.

Recommendation: Discuss the application, for the following reason:

1) Visual impact of the generator

AGENCY COMMENTS Comments from National Roads Authority and Department of Environment are noted below: Department of Environmental Health “DEH has no objections to the proposed in principle”

PLANNING DEPARTMENT ANALYSIS General The application site is located in the West Bay area of the Island within an established residential area. A neighbouring property is located to the north and vacant land to the south. North West Point Road forms the eastern boundary and the Caribbean sea is to the west.

The application seeks planning permission for the installation of a generator. Zoning The property is zoned Beach Resort Residential. Specific Issue 1) Visual impact of the generator The development complies with relevant setbacks applicable to the Beach Resort Residential zone and no objections have been received. The generator would be sited in front of the property, between the house and the parking space, parallel to North West Point Road at a distance of 25’ from the property boundary. Members are invited to consider whether the possible visual impact of the feature upon the streetscene is acceptable.

2.21 JACQUELINE MORGAN (GMJ HOME PLANS LTD.) Block 1D Parcel 586 (P20- 0823) ($24,500) (EJ)

Application for storage shed. FACTS Location Windstar Drive Zoning HDR Notification result No Objections Parcel size proposed 0.1506 ac. (6,560 sq. ft.) Parcel size required 5,000 sq. ft. Current use House Proposed building size 196 sq. ft. Total building site coverage 17.47%

BACKGROUND August 14, 2000 - the Department granted permission for two (2) bedroom house.

Recommendation: Discuss the application, for the following reason: 1) Rea setback (10’ vs 20’)

APPLICANT’S LETTER We write on behalf of our client, Mrs. Jacqueline Morgan, with regards to the following variance;  A rear setback variance – The rear setback proposed is 10’0” which is less than the required 20’. We request permission for the proposed development to remain as shown on the drawings provided and humbly give the following reasons: 1. Per section 8(13)(d) of the Planning Regulations, the owners of the adjacent properties were notified by register mail; 2. Per section 8(13)(b)(iii) of the Planning Regulations, the proposal will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, to the neighborhood, or to the public welfare; 3. The application complies with all other relevant planning requirements.

We look forward to your favorable response to this variance request.

PLANNING DEPARTMENT ANALYSIS General The proposed 196 sq. ft. shed would be located off Winstar Drive in West Bay. Zoning The property is zoned High Density Residential. Specific Issue 1) Rear Setback The applicant is seeking permission from the Authority for the proposed 196 sq. ft. storage shed, proposed at (10’ vs 20’) from the rear boundary; nevertheless, the proposed meets all other planning regulations and no objections have been received.

2.22 BARBARA POWELL (GMJ Home Plans Ltd.) Block 38B Parcel 263 (P20-1051) ($60,000) (MW) Application for an after-the-fact house. FACTS Location Peseta Dr., Bodden Town Zoning Low Density Residential Notification result No objections Parcel size proposed 0.52 ac. (22,651.2 sq. ft.) Parcel size required 22,500 sq. ft. Current use Existing Duplex & ATF House Proposed building size 443 sq. ft. (4,708 sq. ft. Existing) Total building site coverage 16.7% Required parking 1 Proposed parking 1

BACKGROUND July 23, 1998 – House Addition - the application was considered and it was resolved to grant planning permission. May 4, 2017 – Addition to Create Duplex – the application was considered and it was resolved to grant planning permission.

Recommendation: Discuss the application, for the following reason: 1) Rear Setback (10’-0” vs 20’-0”)

APPLICANT’S LETTER We write on behalf of our clients, Mrs. Barbara Powell, with regards to the following variance;  A rear setback variance – The rear setback proposed is 10’0” which is less than the required 20’. We request permission for the proposed development to remain as shown on the drawings provided and humbly give the following reasons: 1. Per section 8(13)(d) of the Planning regulations, the owners of the adjacent properties were notified by register mail; 2. Per section 8(13)(b)(iii) of the Planning Regulations, the proposal will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, to the neighbourhood, or to the public welfare; 3. The application complies with all other relevant planning requirements. We look forward to your favourable response to this variance request. Should you have any queries, please do not hesitate to contact.

PLANNING DEPARTMENT ANALYSIS General The application is for an ATF One Bedroom House; 443 sq. ft. to be located on the corner of Peseta Dr. & Branch Dr., Bodden Town. Zoning The property is zoned Low Density Residential and the Department would offer the following comments regarding the specific issue noted below. Specific Issues 1) Rear Setback Regulation 9(8)(i) states “the minimum front and rear setbacks are 20 feet”. The ATF residence would be approximately 10’-0” from the rear boundary a difference of 10’-0”.

2.23 DWAYNE & NELLY EBANKS (Tony Lattie) Block 32E Parcel 106 (P20-1062) ($120,000) (MW) Application for house addition & floor plan modification. FACTS Location Pedro Villas Ln., Bodden Town Zoning Low Density Residential Notification result No objections Parcel size proposed 0.2334 ac. (10,166.904 sq. ft.)

Parcel size required 10,000 sq. ft. Current use Existing Residence Proposed building size 338.67 sq. ft. (1,983.64 sq. ft. existing) Total building site coverage 22.84% Required parking 1 Proposed parking 2

BACKGROUND December 11, 2015 – House Addition 315 sq. ft. - the application was considered and it was resolved to grant planning permission. May 23, 2017 – Addition to House to Create a Rear Covered Patio with Pergola (CPA/11/17; Item 2.17)- the application was considered and it was resolved to grant planning permission.

Recommendation: Discuss the application, for the following reasons: 1) Rear Setback (9’-0 1/8” vs 20’-0”)

APPLICANT’S LETTER We write on behalf of our client Mr. Dwayne and Mrs Nelly Ebanks for the above application. I write to seek a lesser rear setback variance of 9 feet for our proposed house addition (two bedroom and rear patio modification/bedroom/patio expansion addition) which does not comply with the low density area (see Section9(8) of the Development and Planning Regulation (2020), which requires rear setbacks of 20 feet and site coverage of 30% of the lot size”. From adjoining parcel of phase 3 of the subdivision road (T-Junction)/ road parcel/side setback. There were no objections to the previous application made in 2017 and the proposed expansion house addition. The proposed house addition (of 2Bedroom with bathroom/rear patio “porch”), the purpose of the proposal is for the increase size of our family and to accommodate “Mr. Dwayne S. Ebanks who was injured during the lockdown (covid-19) of the island, in April 2020.” Mr. Ebanks was hospitalize due to a stroke”on the left side of his body’ which he has no function of his left hand including his fingers or , bedroom #1 of the proposal which will be used as a recovery and monitoring area for him and his medical devices such Medtronic Cardiac Device (electronic)monitoring system an therapy management during his recovery and due to the increase of our family, we tried relocating within the existing house but it is impossible to do so due the medical devices and hospital bed, and a new born baby. Also, his Medtronic loop recorder in which is place in the upper left of

his chest is interfering with other electronic device in the main house such tv and kitchen and living room appliances. Changes in a patient's or medications may alter the efficacy of the device's programmed parameters. Patients should avoid sources of magnetic and electromagnetic radiation to avoid possible underdetection, inappropriate sensing and/or therapy delivery, tissue damage, induction of an arrhythmia, device electrical reset or device damage. Do not place transthoracic defibrillation paddles directly over the device. nsertable Cardiac Monitor is a wireless and powerfully small insertable cardiac monitor ideal for patients experiencing infrequent symptoms that require long- term monitoring or ongoing management. Up to 3 years or for long term monitoring. Warnings and Precautions  EMI Warnings, Precautions, and Guidance Manual:  should be performed only in a specified MR environment under specified conditions as described in the LINQ II MRI Technical Manual.  Wireless accessories available for use with LINQ II may experience connectivity or performance issues. Reveal LINQ Insertable Cardiac Monitor  patients with clinical syndromes or situations at increased risk of cardiac arrhythmias.  patients who experience transient symptoms  Use of wireless devices:  The patient connector incorporates  Radiofrequency (RF) communications components which may affect other devices and equipment in the medical environment. The use of wireless devices in the medical environment must be evaluated and authorized by the responsible organization. RF interference may affect device performance. Electromagnetic Compliance (EMC) testing shows that the patient connector provides reasonable protection against harmful interference and provides EMC immunity in a typical medical installation. The use of wireless devices in the medical environment must be evaluated and authorized by the responsible organization. However, there is no guarantee that interference will not occur in a particular installation. If the patient connector does cause harmful interference to other devices or is negatively impacted by other devices, correct the interference by one or more of the following measures: reorient or relocate the patient connector and other devices; increase the separation between the patient connector and other devices by at least two meters (approximately 6 feet); and/ or turn off any interfering equipment. This device has not been specifically tested for pediatric use.

Radiofrequency (RF) interference:  Portable and mobile RF communications equipment can interfere with the

operation of the patient connector. There is no guarantee that it will not receive interference or that any particular transmission from this system will be free from interference.  To avoid interference, do not use the patient connector and mobile device within 2 m (6 feet) of other wireless communications equipment. Using the patient connector near these devices could interfere with communication between the Reveal LINQ ICM and the patient connector. Security: Maintain adequate physical security of the patient connector to prevent unauthorized use that could lead to harm to patients. Environmental precautions:  To ensure safe and effective operation, use the device with care to avoid damage to the patient connector from environmental factors that may impair its function.  Care is exercised in design and manufacturing to minimize damage to devices under normal use. However, electronic devices are susceptible to many environmental stresses. Specifically, the patient connector may be affected by electrostatic discharge (ESD). In an environment likely to cause ESD, such as a carpeted floor, discharge any charge collected on your body before touching the device. Patient Assistant  Operation of the Patient Assistant near sources of electromagnetic interference, such as cellular phones, computer monitors, etc., may adversely affect the performance of this device. Potential Complications:  Potential complications of the Reveal LINQ device include, but are not limited to, device rejection phenomena (including local tissue reaction), device migration, infection, and erosion through the skin.  See the device manuals for detailed information regarding the implant procedure, indications, contraindications, warnings, precautions, and potential complications/adverse events. For further information, please call Medtronic at 1-800-328-2518 and/or consult the Medtronic website at medtronic.com.

Rear setback variance The proposed addition is located in a Low Density Residential zone; the subject parcel is surrounding by some residential homes the proposed addition complies with all required setbacks for a LDR zoned development. We are seeking a lot size variance under regulation 8(13) (b) & (d) of 9’ vs 20’, under the following conditions

1. The characteristics of the proposed development are consistent with the character of the surrounding area. 2. The proposal will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, to the neighbourhood, or to the public welfare. 3. Where lesser setbacks are proposed for a development or a lesser lot size is proposed for a development, the Authority shall in addition be satisfied that the adjoining property owners have been notified of the application. 4. No objection has been received from the surrounding property owners affected by the lesser setback condition in fact the owners affected by the lesser setback 32E 118 and 32E 121 have signed consent letters for the proposed addition with the lesser rear setback. Overall the proposed addition meets the required front and side setback conditions, given that this is the only variance being requested of the CPA. We are proposing that the proposed development in question is viewed by the CPA members that it meets all other required planning requirements except for the rear setback, We would also like to restate that a similar consideration was approved for the same property back in 2017. We thank you for your consideration of this matter and look forward to the decision on this application. Please don’t hesitate to contact me with any queries PLANNING DEPARTMENT ANALYSIS General The application is for a house addition & floor plan modification located on Pedro Villas Ln., Bodden Town. Zoning The property is zoned Low Density Residential. Specific Issues 1) Rear Setback Regulation 9(8)(i) states “the minimum front and rear setbacks are 20 feet”. The proposed house addition would be 9’-0 1/8” a difference of 11’-0” respectively. The adjoining parcels were notified and no objections were received. In assessing if there is sufficient reason and exceptional circumstance in accordance with Section 8(13) to warrant granting a rear setback variance the Authority is reminded that a previous application on the same parcel was approved (CPA/11/17; Item 2.17) for an addition to an existing house to create a rear covered patio with pergola with a rear setback variance. The allowed setback was 11’ ½”.

2.24 RH ENGINEERING AND ARCHITECTURE (RH Engineering and Architecture) Block 14C Parcel 242 (P20-0670) (BES) Application for a change of use for a restaurant. FACTS Location Vibert Bodden Dr. off Shedden Rd. Zoning G.COM Notification result No Objectors Parcel Size Proposed 0.7012ac. (30,544.3 sq. ft.) Current Use Commercial Building Size 540 sq. ft. Building Site Coverage 17.7% Required Parking 19 (includes 1 additional for the restaurant) Proposed Parking 27

Recommendation: Grant planning permission.

AGENCY COMMENTS Comments from the National Roads Authority, Department of Environmental Health, Water Authority, C.I. Fire Service are noted below.

National Roads Authority As per your memo dated October 1st, 2020 the NRA has reviewed the above-mentioned planning proposal. Please find below our comments and recommendations based on the site plan provided.

The NRA has no objections or concerns regarding the above proposed fit-out.

Department of Environmental Health Please see the department’s comments on the above application: 1. This application is not recommended for approval. a. The applicant must submit the following for review and approval:  Specifications for all kitchen equipment and the hot water heater  Approved BCU exhaust hood details 2. This restaurant will also require a double compartment prep sink. 3. The commercial soap dispensers and paper towel holders must be identified on the drawing.

Water Authority Please be advised that the Water Authority’s requirements for this development are as

follows:

Wastewater Treatment & Disposal  The developer shall provide a septic tank(s) with a capacity of at least (2,250) US gallons for the proposed, based on the following calculations:

BUILDING UNITS/BLDG GPD/UNIT GPD Unit 1 – Starbright Beauty 3 Service Chairs 75gpd/Service Chair 225gpd and Hair Salon Unit 2 – EFX Advertising 522sqft 0.15gpd/sqft 78.3gpd Unit 3 – Dew Point A/C 561sqft 0.15gpd/sqft 84.1gpd Unit 4 – Proposed Sir G’s 540sqft 1gpd/sqft 540gpd Take-out Restaurant Unit 5 – Dew Point A/C 415sqft 0.1gpd/sqft 41.5gpd Unit 6 – Cyber Closet 376sqft & 1 x 0.15gpd/sqft 131.5gpd service chair 75gpd/Service Chair Unit 7 – Dalace Upholstery 394sqft 0.1gpd/sqft 39.4gpd Unit 8 – Cayman Aggressor 631sqft 0.15gpd/sqft 94.65gpd office / Outsource legal & admin Unit 9 – Energy Electric 462sqft 0.1gpd/sqft 46.2gpd Unit 10 – Caribbean Faith 429sqft 0.15gpd/sqft 64.35gpd Unit 11 – Naturally Yours 2 Service Chairs 3 Service Chairs 150gpd Hair Salon TOTAL 1,495GPD

The septic tank shall be constructed in strict accordance with the Authority’s standards. Each compartment shall have a manhole to allow for inspection and service. Manholes shall extend to or above grade and be fitted with covers that provide a water-tight seal and that can be opened and closed by one person with standard tools. Where septic tanks are located in traffic areas, specifications for a traffic-rated tank and covers are required.

Under-Sink Grease interceptor A grease interceptor with a minimum flow rate specification of 50 gallons per minute

(GPM) is required to pre-treat flows from kitchen fixtures and equipment with grease- laden waste; e.g., pot sinks, pre-rinse sinks; dishwashers, soup kettles or similar devices; and floor drains. The outlet of the grease interceptor shall be plumbed to the sanitary sewage line leading to the septic tank. The developer is required to submit plumbing drawings and the specifications of the proposed grease interceptor for review, approval and subsequent inspection by the Water Authority which is a condition for approval of Certificate of Occupancy of the proposed. Specifications can be sent via email to [email protected]

Change of Use with Existing Septic Tank If the developer proposes to utilize the existing septic tank and/or disposal well, the system shall be inspected and serviced by a licensed septage hauler as per the Septic Tank Inspection Form that can be downloaded from the Water Authority’s website via the following link: https://bit.ly/2RO8MBB. The completed inspection form shall be returned to the Water Authority for review and determination as to whether the existing system meets Water Authority design specifications. Any deficiencies noted will require repair or replacement prior to final approval for certificate of occupancy.

Hair Interceptor(s) Approved hair interceptor(s) are required for Hairdressing Salons and Barbers. The developer is required to submit detailed specifications of the proposed hair interceptor(s) to serve Unit-1: Starbright Beauty and Barber and Unit-11: Naturally Yours Hair Salon. The outlet of the hair interceptor(s) shall be plumbed to the sanitary sewage line leading to the septic tank. Specifications can be sent to [email protected] for review, approval and subsequent inspection by the Water Authority which is a condition for approval of Certificate of Occupancy for the proposed.

For Water Authority approval at BCU stage, a detailed profile drawing of the proposed wastewater treatment system is required. The drawing shall indicate: 1. If the proposed septic tank will be site-built or precast. (You may use the Water Authority drawing for site-built tanks available from the Authorities website or a Precast septic tank drawing if you intend to use a Precast Tank). 2. All dimensions and materials shall be provided for any site-built tanks. 3. Manholes extensions are permitted up to a maximum of 24” below finished grade. 4. Detailed specifications including make and model for (H-20) traffic-rated covers for septic tanks proposed to be located within traffic areas. 5. A detailed profile cross-section of the wastewater system clearly showing the plumbing from building stub out to the effluent disposal well achieving the minimum invert connection specified above. (Alternatively details of proposed lift station shall be required) 6. The Water Authorities updated 2020 effluent disposal well specifications. 7. A 30ft horizontal separation between the effluent disposal well and any stormwater drainage wells.

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.

C.I. Fire Service The Fire Service approved the site layout.

PLANNING DEPARTMENT ANALYSIS General The application is for a change of use for a restaurant (540 sq ft). The site is located at AB Sea Corporation on Vibert Bodden Dr. off Shedden Rd. George Town. Zoning The property is zoned General Commercial. Specific Issues The site is appropriately zoned and adequate parking is available. The are no concerns with the application.

2.25 BASTION DEVELOPMENTS (CAYMAN) LTD (Elegant Design Cayman Ltd) Block 23B Parcel 113 (P20-1095) ($45,000) (JP) Application to modify planning permission to revise the parking area and extend the retaining walls. FACTS Location Shamrock Road, Prospect Zoning BR/R Notification result No Objectors Parcel size proposed 3.41 ac. (148,539.6 sq. ft.) Current use Under construction

BACKGROUND June 21st, 2017 (CPA/13/17; item 2.9) – application for 29 apartments, a manager’s building, gym, 39 storage units and 2 1,000 gallon LPG tanks

Recommendation: Grant planning permission.

AGENCY COMMENTS Comments from the Department of Environment (NCC) are noted below. Department of Environment (NCC) It is recommended that any stockpiled materials should be kept away from the water’s edge to reduce the possibility of rainwater runoff washing material into the South Sound Replenishment Zone.

PLANNING DEPARTMENT ANALYSIS General The application site is located on Shamrock Road which forms the northern boundary with the Caribbean Sea to the south. The application seeks Planning Permission to amend the car parking layout and extend the retaining wall on the eastern boundary. Zoning The property is zoned Beach Resort Residential. Specific Issues The proposed modification complies with the Regulations and there are no concerns with the application.

2.26 BLUEPRINT CONSTRUCTION (Genesis 3D Studio) Block 49B Parcel 189 (P20- 0267) ($269,235) (BES) Application for two-duplexes. FACTS Location Gray Cliffs Ave., North Side Zoning MDR Notification result No Objectors Parcel Size Proposed 0.4659 ac. (20,294.6 sq. ft.) Parcel Size Required 15,000 sq. ft. Current Use Vacant Proposed Use 2-Duplexes Building Size 6,100 sq. ft. Building Site Coverage 30% Proposed Units 4 Proposed bedrooms 12 Required Parking 4 Proposed Parking 10

Recommendation: Grant planning permission.

AGENCY COMMENTS Comments from the Water Authority, National Roads Authority, Department of Environmental Health and Department of Environment (NCC) are noted below.

Water Authority Please be advised that the Water Authority’s requirements for this development are as follows: Wastewater Treatment & Disposal  The developer shall provide a septic tank(s) with a capacity of at least (2,000) US gallons for the proposed, based on the following calculations:

BUILDIN UNITS/BLD GPD/UNI GPD/BLD GPD G G T G Duplex 1 2 x 3-Bed 300gpd/3 600 600 Units -Bed Unit Duplex 2 2 x 3-Bed 300gpd/3 600 600 Units -Bed Unit TOTAL 1,200gp d

 The septic tank shall be constructed in strict accordance with the Authority’s standards. Each compartment shall have a manhole to allow for inspection and service. Manholes shall extend to or above grade and be fitted with covers that provide a water-tight seal and that can be opened and closed by one person with standard tools. Where septic tanks are located in traffic areas, specifications for a traffic-rated tank and covers are required.  Treated effluent from the septic tank shall discharge to an effluent disposal well constructed by a licenced driller in strict accordance with the Authority’s standards. Licenced drillers are required to obtain the site-specific minimum borehole and grouted casing depths from the Authority prior to pricing or constructing an effluent disposal well.  To achieve gravity flow, treated effluent from the septic tank shall enter the disposal well at a minimum invert level of 5’8” above MSL. The minimum invert level is that required to maintain an air gap between the invert level and the water level in the well, which fluctuates with tides and perching of non-saline effluent over saline groundwater. For Water Authority approval at BCU stage, a detailed profile drawing of the proposed wastewater treatment system is required. The drawing shall indicate: 1. If the proposed septic tank will be site-built or precast. (You may use the Water Authority drawing for site-built tanks available from the Authorities website or a Precast septic tank drawing if you intend to use a Precast Tank). 2. All dimensions and materials shall be provided for any site-built tanks. 3. Manhole extensions are permitted up to a maximum of 24” below finished grade. 4. Detailed specifications including make and model for (H-20) traffic-rated covers for septic tanks proposed to be located within traffic areas. 5. A detailed profile cross-section of the wastewater system clearly showing the plumbing from building stub out to the effluent disposal well achieving the minimum invert connection specified above. (Alternatively details of proposed lift station shall be required) 6. The Water Authorities updated 2020 effluent disposal well specifications.

7. A 30ft horizontal separation between the effluent disposal well and any stormwater drainage wells.

Stormwater Management This development is located over the North Side fresh water lens or within the 500m buffer zone of the lens. In order to protect the fresh water lens, the Water Authority requests that stormwater drainage wells are drilled to a maximum depth of 80ft instead of the standard depth of 100ft as required by the NRA.

Water Supply The proposed development site is located within the Water Authority’s piped water supply area.  The developer shall contact Water Authority’s Engineering Services Department at 949- 2837, without delay, to be advised of the site-specific requirements for connection to the public water supply.  The developer shall submit plans for the water supply infrastructure for the development to the Water Authority for review and approval.  The developer shall install the water supply infrastructure within the site, under the Water Authority’s supervision, and in strict compliance with the approved plans and Water Authority Guidelines for Constructing Potable Water Mains. The Guidelines and Standard Detail Drawings for meter installations are available via the following link to the Water Authority’s web page: http://www.waterauthority.ky/water-infrastructure . 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 October 27"' 2020 the NRA has reviewed the above-mentioned planning proposal. Please find below our comments and recommendations based on the site plan provided.

The NRA has no objections or concerns regarding the above proposed development.

Department of Environmental Health Please see the department’s comments on the above application: 1. The department has no objections to the proposed in principal. a. This development requires (8) 33 gallon garbage bins.

APPLICANT’S LETTER Further to our brief telephone conversation this morning in relation to the above project. I would like to confirm that there will be no border fencing around or in between the properties, we will plant hedging to separate units and border the property. We are unable to contact Mr Eron Brown the architect on record for this project. So, should you require any additional information please contact me on 938-7653 or my Wife Mrs Dawson 925 3567.

PLANNING DEPARTMENT ANALYSIS General The application is for 2-duplexes at the above-captioned property. The site is located on Gray Cliffs Ave., North Side. Zoning The property is zoned Medium Density Residential.

2.27 JOEL JEFFERSON (TSC Architecture) Block 23C Parcel 95 (P20-0946) ($15,000) (MW) Application for change of use from educational facility to restaurant. FACTS Location Shamrock Rd., George Town Zoning Neighbourhood Commercial Notification result No Objectors Parcel size proposed 0.36 ac. (15,681.6 sq. ft.) Parcel size required 20,000 sq. ft. Current use Existing Commercial Building Proposed building size 924 sq. ft. Required parking 4.62 spaces Proposed parking 14 spaces (Existing)

BACKGROUND June 26, 1997 – Proposed Retail Outlet Shops 2,925 sq. ft.) April 12, 2001 – Proposed Change of Use from Barber Shop to Ice Cream Shop (CPA/10/01; Item 6.07) -the application was considered and it was resolved to grant planning permission.

Recommendation: Grant planning permission.

AGENCY COMMENTS Comments from the Water Authority, National Roads Authority, Department of Environmental Health and Department of Environment (NCC) are noted below.

Water Authority Please be advised that the Water Authority’s requirements for this development are as follows:

Wastewater Treatment & Disposal  The developer shall provide a septic tank(s) with a capacity of at least (2,500) US gallons for the proposed, based on the following calculations:

BUILDING UNITS/BLDG GPD/UNIT GPD/BLDG GPD Retail 2 x Retail Units 0.15gpd/sqft Retail floor area 1,051gpd 1,051gpd Building & & 1 x Restaurant 1gpd/sqft Restaurant floor area Warehouse 4 x Warehouse 0.1gpd/sqft & 100gpd/WC 720gpd 720gpd Building Units TOTAL 1,771gpd

Change-of-use with Existing Septic Tank If the developer proposes to utilize the existing septic tank and/or disposal well, the system shall be inspected and serviced per the Septic Tank Inspection Form that can be downloaded from the Water Authority’s website via the following link: https://bit.ly/2RO8MBB. The completed inspection form shall be returned to the Water Authority for review and determination as to whether the existing system meets Water Authority design specifications. Any deficiencies noted will require repair or replacement prior to final approval for certificate of occupancy.

Grease Interceptor: A grease interceptor with a minimum capacity of 774 US gallons is required to pre- treat flows from the proposed Restaurants kitchen fixtures and equipment with grease- laden waste; e.g., pot sinks, pre-rinse sinks; dishwashers, soup kettles or similar devices; and floor drains. The outlet of the grease interceptor shall be plumbed to the sanitary sewage line leading to the septic tank.

If there are questions or concerns regarding the above, please email them to: [email protected]

National Roads Authority

None received at this time.

Department of Environmental Health 1. DEH has no objections to the proposed in principle. 2. The applicant is advised that permission to utilize a private contractor from the removal of refuse must be obtained from the DEH Director. Department of Environment (NCC)

Please do not hesitate to contact the Department should you require further assistance.

PLANNING DEPARTMENT ANALYSIS General The application is for a Change of Use from Educational Facility to Restaurant to be located on Shamrock Rd., George Town. Zoning The property is zoned Neighbourhood Commercial. There are no concerns with the application.

3.0 DEVELOPMENT PLAN MATTERS 4.0 PLANNING APPEAL MATTERS

4. 1 LAGENE R. JOHNSON & GARFIELD L. MCKENZIE Block 22D Parcels 168 and 168H2 (CE20-0139)

Appeal against the issuance of an Enforcement Notice and Stop Notice.

Appearance at 10:30

FACTS Location Location corner of Abbey Way and Lords Way, Prospect Parcel 22D 168 & 168H2 Zoning LDR BACKGROUND September 30, 2020 – An enforcement notice was served by registered mail for:

(i) Construction of a detached structure (dwelling) and unfinished addition (to the same) without the grant of planning permission or a building permit;

(ii) Encroachment on the adjoining boundary Block 22D Parcel 168H3.

September 30, 2020 – A Stop Notice was served by registered mail advising the owner to cease all illegal development on the land prohibited by the Enforcement Notice Please see the Appendix for copies of the Enforcement and Stop Notices and the registered mail receipt.

Recommendation: Discuss the information provided by the appellant and determine whether the appeal should be allowed or dismissed.

APPLICANT LETTER – NOTICE OF APPEAL In response to notice regarding land at Block 22D, Parcel I68H2 registered owners: Lagene R Johnson McKenzie and Garfield McKenzie, we hereby make an appeal.

Completed structure:

The appeal is being brought on the grounds of Section 19 (2) (d) of the Development and Planning Law 2017, that the completed structure which was constructed in the year 2014, used initially as a storage unit and subsequently a dwelling has been on the property for over 5 years.

Unfinished Addition:

In adherence to the stop notice, the unfinished addition to the aforementioned structure will be demolished with immediate effect.

5.0 MATTERS FROM THE DIRECTOR OF PLANNING

5. 1 CUC – NATURAL GAS STRATEGY (HP)

Representatives from CUC will provide a brief on their consideration of natural gas as a transitional fuel in the Cayman Islands energy transition that would result in a cost of fuel that is lower and less volatile than diesel with a significant reduction in emissions.

6.0 CPA MEMBERS INFORMATION/DISCUSSIONS

Appendix ‘A’

11 January 2021

Mr. Haroon Pandohie Director of Planning P.O. Box 113 Grand Cayman KY1-9000

Re: Application for High Water Mark Setback Variance

Dear Sir,

With respect to our submission for a single-family house with swimming pool and lpg tank on 53A 104 located on North Side Road in North Side. We hereby request variances as follows:

1. Setback Variance for Proposed Building to be located 37’- 11.5” from the High-Water Mark and Swimming Pool/ Pool Deck and Pump room to be located 29’-1” from the High-Water Mark.

In making the application for such a variance, our client is mindful of provisions of Regulations 8 (13) of the Development and Planning Regulations, and would submit that there is sufficient reason and exceptional circumstances that would permit such setback allowance, in that:

(i) The characteristics of the proposed development are consistent with the character of the surrounding area.

(ii) The proposed structures will not be materially detrimental to persons residing in the vicinity, to the adjacent properties, or to the neighboring public welfare.

Additionally, please also take into consideration that: -

1. The High-Water Mark appears to be a mixture of sand and Ironshore suggesting the lesser High-Water Mark setback requirement of 50’-0”.

2. The proposed house covered spaces are mostly within the 50’ High Water setback line similar to the adjacent properties.

3. With respect to the HWM setback requirement in place to protect life and property, the internal habitable spaces are positioned further away from the ocean and would be at less risk of damage with the pool and seawall in place. The design intent is to build the pool deck wall as a protective seawall against potentially damaging weather conditions. In addition to the illustration above, please refer to drawing SK-01 illustrating the proximity of the neighboring properties to the high water mark and also setbacks from various points on the proposed building structure.

4. The owner’s preference was to locate the property centrally on the parcel to maintain as much natural vegetation between neighbors and to also provide privacy. The shape of the parcel and narrow depth on the west boundary, presented challenges in achieving a buffer on either side without compromising the traditional Caribbean design aesthetic and scope of accommodations.

5. Also note that for aesthetic purposes, the intention is that the pool deck wall will be finished / landscaped to integrate softly and respectfully with the oceanfront and existing habitat.

We thank you for your consideration of this matter and look forward to a favorable decision on this application in due course.

Please do not hesitate to contact me for any further information.

Yours sincerely,

Daniel Campbell (on behalf of Willow Property Holdings Limited) Darius Development

FOR CPA REVIEW 1 HIGH WATER MARK SETBACK AND PROXIMITY ANALYSIS

APPROX 49 FEET NEIGHBOR TO WEST DISTANCE TO APPARENT HWM

45 FEET NEAREST POINT TO INTERNAL COVERED SPACE

38 FEET NEAREST POINT TO BUILDING STRUCTURE (ROOFED DECK) INTERNAL COVERED SACES PROPOSED RESIDENCE

66 FEET DISTANCE TO INTERNAL COVERED SPACE

54 FEET DISTANCE TO COVERED STRUCTURE (ROOFED DECK)

51 FEET DISTANCE TO COVERED STRUCTURE (ROOFED DECK)

54 FEET DISTANCE TO COVERED STRUCTURE (ROOFED DECK)

61 FEET DISTANCE TO INTERNAL COVERED AREA

APPROX. 65 FEET NEIGHBOR TO EAST DISTANCE TO APPARENT HWM SCALE: 1/8 "=1'-0" No: NORTH SIDE NORTH SIDE ROAD BEACH HOUSE project # drawing # drawn by # GRAND CAYMAN CHILDE HWN SETBACK 53A 104 ANALYSIS project: drawing: general notes 1. REGISTERED SURVEY OF THE PROPERTY PREPARED BY UNLESS THE DIMENSIONS HAVE BEEN COPIED FROM A FOR THE DIMENSIONS INDICATED ON THIS SITE PLAN DARIUS DEVELOPMENT ACCEPTS NO RESPONSIBILITY DRAWING REVISION: 3. A LICENSED LAND SURVEYOR ARE CORRECT." "I HEREBY CERTIFY THAT ALL DIMENSIONS ON THIS PLAN 4. 2. d DATE: building, electrical, fire and health codes Do not scale from drawings and shall be to the Architect's approval. and the Cayman Building Code. and standards set out in the current discrepancies prior to construction. grades & levels on site and report any Architect. These drawings are the property of All work shall conform to these drawings All work shall conform to the requirements The Contractor shall verify all dimensions, e v e DESCRIPTION: l o start date # p m revision # e n t