Commentary
CPA Sets Conditions for Ritz-CarltonProject
Last week the Ritz-Carlton condominium projectwas given approval by the Central Planning Authority (CPA) toproceed with its development of the eastern section. The CPA'sapproval is subject to a number of conditions, listed below.
It was then (January 10, 2001) resolved to adjourn further considerationof the matter in order to allow the Authority the opportunityto consider the voluminous information submitted prior to andat the meeting.
On January 24th, 2001 (CPA/03/01) the Authority deliberated considerablyon this application. The Authority felt that due to the voluminuosinformation involved, it needed more time to make a decision.It was then resolved to adjourn the application for further considerationby the Authority on Monday, January 29, 2001.
Before arriving at the decision to grant planning permission asdescribed below, the Authority carefully considered the DevelopmentPlan 1977, the Development and Planning Law (1995 Revision), theDevelopment and Planning Regulations (1995 Revision), submissionsfrom the applicant, from the objectors, from all other agencieson file, and a site visit on 11th January 2001. Main considerationsincluded but not limited to are:
That the National Trust for the Cayman Islands (as objectors)were concerned that the mangroves could be irrevocably destroyedby clearing and/or filling but the golf course might not be built.The CPA considered the expressed concerns of the National Trustand Mr. Conolly.
That the CPA carefully considered imposing conditions of approvalthat required the applicant to carry out mitigation strategiesto minimize potential detrimental effects. This includes BestManagement Practices as mentioned below.
That Best Management Practices shall be complied with before,during and after construction of all construction elements andother physical works of the application.
That provided "Best Management Practice" is implementedthe benefits of the development applied for, on balance, outweighany adverse environmental impact of that development.
That the Legislative Assembly in zoning the land Low Density Residentialconsidered the area desirable for development and was satisfiedthat this area was not a "natural feature."
That the objections of Mr. Burns Connolly were not of sufficientmaterial consideration to justify requiring the applicant to resubmitamended drawings at this stage. The vast majority of Mr. Connolly'sobjections could be facilitated at the building permit stage.Justice Sanderson also ruled (dated December 13, 2000) that Mr.Connolly's objections were not materially significant.
That the Department of Environment's concern for a new submissiondid not fall under the ambit of Justice Sandersonís Judgementdated December 13, 2000.
That the Authority could grant planning permission for the waterways.Regulation 32 of the Development and Planning Regulations refersto canals, not "ponds" or "lakes." The waterwayswould be closed and the CPA concluded that the waterways werenot ìcanalsî in the meaning of Regulation 32.
That substantial greenery will be replanted. The Authority consideredthe question of clearing to be a separate issue.
That the Authority decided that the development would be in keepingwith the surrounding areas.
Decision: After considerable review and discussion, it was resolvedto grant planning permission for the golf club house, four (4)tennis courts, nine (9) hole golf course, eleven (11) lot subdivision,and excavation for waterways (all in Phase 2), subject to thefollowing conditions:
That thirty-five percent (35%) minimum ofthe building construction value of the hotel, condominiums andancillary buildings (excluding the cost of filling) of that portionof the development west of the proposed by-pass road granted planningpermission on December 17, 1997, shall be done before any clearingand filling of the land east of the proposed by-pass road. Thecompletion of these structures to the minimum desired stage asmentioned above shall be verified by an independent quantity surveyorapproved and appointed by the Central Planning Authority (CPA)and paid for by the applicant.
That in reference to the 35% mentioned in condition "1",construction on the hotel shall be to a stage that will enableit to be completed concurrently with the condominiums. The CPAshall be satisfied of this prior to the commencement of any physicalpreparatory work and/or clearing/filling for land east of theproposed by-pass road.
That the applicant shall submit to the CPA for approval detaileddrawings and specifications of the golf course incorporating bestmanagement practices as laid out in the development manual, assubmitted by OA&D, received by the Planning Department onJanuary 8, 2001. This shall be done before starting any physicalpreparatory work and/or clearing/filling for the golf course.
That detailed drawings and specifications of the waterways shallbe submitted to the CPA for approval incorporating best managementpractices as laid out in the submittal of the applicant in hisdevelopment manual, as submitted by OA&D, received by thePlanning Department on January 8, 2001.
That detailed drawings and specifications of the clubhouse andits surrounding site (parking amount and design, landscaping,drainage features, etc.) shall be submitted to the CPA for reviewand approval prior to any physical preparatory work and/or clearing/fillingfor building. The parking lot and driveway aisles shall be illustratedsurfaced with asphaltic concrete or equivalent and tire stopsprovided for each parking space which must be striped.
That no clearing or filling on the land east of the proposed by-passroad shall occur until the CPA is satisfied that all of the aboveconditions have been met.
That the lot (s) shall be filled to a minimum of four (4) feetabove mean sea level [i.e. one (1) foot above the Vidal BenchMark]. After filling the site, the applicant shall submit a planprepared by a registered land surveyor indicating spot heightsat fifty feet (50í) intervals, including the finished gradeof constructed access road (s), if any. If, in the opinion ofthe Director of M.R.C.U., any reclaimed land is below the requiredlevel, the person responsible for the reclamation shall bringup the level in compliance with such directions as shall be givenby the said Director.
That in addition to Building Permit requirements, conditions (9-14)listed below shall be met before a Building Permit can be issued.
That the applicant shall submit letters to the Central PlanningAuthority from the appropriate agency confirming that it can supply/installthe potable water and sewerage disposal systems to serve the proposedproject, during construction and after completion. Design drawingsand details confirming to the Water Authority's specificationsshall be submitted to the Central Planning Authority for approval.
That a service area must be shown on the site plan which addressesthe following details:
The location of opaque screen (s) for solid waste container(s).
The necessary maneuvering area for the collection of solid waste.
Proper loading spaces for service vehicles which shall not obstructvehicular traffic flow on the premises.
That the applicant shall submit a landscape plan which shall besubject to review and approval by the Central Planning Authority.
That details and engineering specifications of road design (by-passand internal roads) and construction including cross-sections,geometric design features, construction methodology and materialsshall be submitted to the Central Planning Authority for approval.The finished surface of all roads shall be asphaltic concreteor equivalent.
That details and specifications of a six feet (6) minimum widthsidewalk shall be submitted to the Central Planning Authorityfor approval. This sidewalk shall be placed along one side ofthe access road, starting from West Bay Road to where the accessroad terminates, near the north east part of the site.
That a storm water drainage system, complete with constructiondetails, shall be submitted for review and approval of the CentralPlanning Authority.
That the applicant is required to obtain a Building Permit fromthe Chief Building Control Officer. Construction shall not commenceprior to the issuance of a Building Permit.
That unless specifically authorized otherwise in writing by theCentral Planning Authority, the Development shall be carried outstrictly in accordance with the approved plans which you willreceive when all of the above conditions are complied with.
Additionally, once construction has started, conditions (17-20)shall be complied with before a final Certificate of Occupancycan be issued.
That the finished floor level of all habitable structures shallbe at least five feet (5') above mean sea level [i.e. two feet(2í) above the Vidal Bench mark].
That the building and environs shall facilitate usage by the physicallychallenged including ramps and parking, per the Cayman IslandsBuilding Code. The parking spaces shall be marked with an identifyingsign at the face of the stall.
That prior to construction of a sidewalk the applicant shall liaisewith the appropriate agency to remove any object (s) that wouldimpede or obstruct pedestrian or vehicular movement. This includes,but is not limited to Caribbean Utilities Company, Cable &Wireless, Water Authority, Cayman Water Company and Public WorksDepartment.
That the surveyor's final drawing shall be submitted to the CentralPlanning Authority for approval prior to the survey being registered.
The applicant shall obtain a Final Certificate (of Fitness forOccupancy) from the Central Planning Authority on completion ofthe building(s).
The applicant is reminded per previous permission (December 17,1997) for development west of the proposed by-pass road that theby-pass road shall be constructed at the applicantís expense.