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Developer asks for locational clearance for Ciudad project

FIFTH Avenue Development Corp. yesterday filed an application for a locational clearance before the Cebu City Planning and Development Office (CPDO).
This was confirmed by Fifth Avenue public relations consultant Jonjie Gonzales and CPDO Chief Alipio Bacalso.
Fifth Avenue is the developer of the proposed P1.2-billion Ciudad project, in a joint venture with the Provincial Government.
But Bacalso said he could not ā€œformallyā€ receive the documents from Fifth Avenue because its requirements were incomplete.
Form
Gonzales said the application was received by Joel CaƱete of CPDO yesterday.
Bacalso said the documents submitted were set for initial evaluation, but Fifth Avenue has yet to submit a formal application form.
In an earlier interview with Sun.Star Cebu, Bacalso said it would be difficult to issue a locational clearance for Ciudad because of a 2007 resolution, imposing a moratorium on developments along the Banilad-Talamban corridor.
In that resolution, CPDO was directed to withhold issuance of clearances for developments in the area.
Sun.Star Cebu tried to get hold of a copy of the resolution yesterday but failed.
The Cebu City Council records section, its library and the offices of resolutionā€™s proponentsā€”Councilors Augustus Pe Jr. and Richard OsmeƱaā€”do not have copies of the resolution.
Teeth
But Pe said it doesn’t matter because resolutions don’t have teeth anyway.
ā€œA resolution is not binding, it is just a request. It is the ordinance that’s binding,ā€ he said.
This is what the Fifth Avenue and the Cebu Provincial Government will be violating, he added.
City Ordinance 2193, passed in 2009, amended the 1996 Cebu City Zoning Ordinance so that government-owned lots should only be for public use.
Capitol owns the property along Gov. Cuenco Ave. where the Ciudad commercial complex will rise.
Permit
But Fifth Avenue would need more than a locational clearance from City Hall to be able to implement the Ciudad project, which broke ground in 2006 yet.
Niceforo Iroy, also of CPDO, said Fifth Avenue still needs to apply for a development permit because Ciudad is a complex development.
The development permit will be issued by the Cebu City Zoning Board, headed by Mayor Michael Rama.
Rama earlier verbally ordered the City Legal Office to study the provisions of the resolution, providing for the moratorium on development along the Banilad-Talamban corridor, and City Ordinance 2193.
Right
Rama, who maintains a cordial relationship with Cebu Gov. Gwendolyn Garcia, said he believes landowners have the right to use their property.
City Attorney Joseph Bernaldez said he has yet to receive a formal order from the mayor. But, he said, it would be difficult to study the resolution if he could not get hold of a copy from the council.
When first presented in 2006, Ciudadā€”which includes a mall and condominiumsā€”was to be completed in 2008 yet.
But Capitol and its private partner could not implement the project because of the moratorium, which came after a land swap deal between the Province and City Hallā€”then under Mayor Tomas OsmeƱaā€”collapsed.
The failed deal involved an exchange between Province-owned lots occupied by Cebu City residents and a parcel of land at the Cebu City North Reclamation Area.
Source: http://www.sunstar.com.ph/cebu/local-news/2011/07/12/developer-asks-locational-clearance-ciudad-project-166317

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