The Central Planning Authority will hear an application for a $40 million eight-apartment complex on a beach that is designated as critical turtle nesting habitat in South Sound this week.

The site, situated two properties east of Carey’s Black Coral on South Sound Road, currently contains a house, and the proposal consists of a plan for a four-storey structure with eight one-bedroom apartments. The original submission from Pro-Plus Construction included a seaside pool, seawall and cabana, but these were removed from the site plan following objections from neighbours.

In February, the planning board adjourned a hearing on the application at the request of the applicant, which has since revised the original plans to amend its setback from the sea after discussions with the Department of Environment over beach erosion and turtle nesting.

The DoE, in its response to the application, noted that the beach at South Sound is a critical turtle nesting habitat for green sea turtles, loggerheads, hawksbills and leatherbacks.

The DoE met with the applicant in January and again in February to discuss its concerns over the proposed development, which led to revised plans being submitted.

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Mean High Water Mark a moving target

The DoE noted that the Mean High Water Mark, which was recorded in 6 Oct. 2021 and authenticated by the Lands and Survey Department, was surveyed by a DoE drone on 25 Jan. 2022. That drone imagery showed the high water mark is “now well into the sea, just three months after it was measured”.

“Therefore, after a very short period of time, the submitted Mean High Water Mark survey is no longer representative of the on-site conditions,” the DoE said in its submission on the application.

Another drone image, taken after a cold front had passed through Cayman in February, showed further erosion had taken place and the sea at that time was “much closer to the location of the proposed seawall compared to even one week prior”.

Because of this, the DoE stated that “the use of the Mean High Water Mark and the minimum setback of 75 feet in the Development and Planning Regulations were not considered sufficient to avoid severe detrimental impacts on sea turtle critical nesting habitat”.

As a result, the applicant revised the plans to show the proposed development as being set back 100 feet from the Mean High Water Mark on the ground floor.

“The amended plans also show that the proposed development is now set behind the vegetation line and now avoids direct severe detrimental impacts on the sea turtle critical nesting habitat,” the DoE stated.

DoE recommendations

The department “strongly” recommended the inclusion of other climate resiliency features, such as a wash-through ground floor, and that best management practices be put in place to ensure that construction-related debris does not enter the sea.

“We have experienced other developments along the coastline inadvertently polluting the marine environment from wind-borne debris and run-off from stockpiles on the beach. Practices such as sanding down polystyrene which is used as part of wall finishing and
window moulding can result in polystyrene getting blown into the sea in significant
quantities. This waste material is extremely difficult to remove once it enters the water
and it does not biodegrade,” the DoE noted.

It also directed that, prior to the commencement of works, the property owner must contact the DoE to check for the presence of turtle nests; and written approval must be obtained from the DoE that no nests will be impacted by the construction work.

Also, any sand excavated during construction must be retained on-site and beach-quality sand must be placed along the beach, the DoE directed.

Applicant seeking variance on lot size

The applicant is seeking a variance to the Planning Regulations, which state that an apartment complex is required to be on an site of at least 0.5 acres. This development is proposed to be constructed on 0.4 acres of land.

The developer contends that the site is a ‘legacy lot’, which was registered in 1975, before the Planning Regulations were written, and that a number of other houses and structures in the area that were built before the regulations came into effect are under the required 10,000 square feet for a house/duplex.

“While the site is under the required size, the number of units proposed is limited to
what the site can accommodate by following the 15 units per acre requirements,” the developer said in the application.

Objections

A number of neighbours in South Sound have objected to the application, raising concerns that a four-storey apartment complex would not be in keeping with the character of the area, and that adjacent properties are one- and two-storey dwellings.

There were also several objections relating to the original plan to include a seawall, which the developer has now removed from the application.

Other concerns were raised about the increased traffic the complex will bring to the area, and about whether the location has enough parking spots to accommodate residents, guests and deliveries. Neighbours have also queried where construction workers will park while the work is being carried out.

Others noted that the size of the site is smaller than allowed under the Planning Regulations.

One neighbour wrote, “We are generally concerned about the increasing development of South Sound, and among other issues, the ever-increasing pressure on South Sound Road. In relation to this application, our general comment is that the developers are trying to cram too much building onto too small a plot.”

The Central Planning Authority is scheduled to hear the application at its meeting on Wednesday, 25 May. See the full agenda here.

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