What is “responsible development”? Practically every ANA member lives in a condo building that exceeded legal boundaries in one way or another, as this has been common in Puerto Vallarta. The building across the street may block your view, but may still be legal – as views per se are not protected under Jalisco law.
The new Amapas (District 9) Puerto Vallarta Plan Parcial, was passed by the city council in September 2012, sponsored by the ANA and CCHA (Conchas Chinas Homeowners Association). It establishes express limits to determine height, density, setbacks, parking and other restrictions according to mapped zones. This new law is supported by the ANA which is now focused on enforcement.
Height is the obvious problem. In the past the limit was expressed as “8 meters from the highest point on the lot” and developers would lie about their address or bulldoze dirt into a corner to justify the height. Comparables (which were meant to be nearby) were used to justify the height of one building using another on the other side of town as justification. Recently the Pinnacle buildings have been constructed in Amapas against neighborhood opposition, with a roughly 10-story height that dwarves nearby buildings. The ANA would prefer not to see such affronts to the community again and is focused on this matter. In addition to height, excessive density causes problems of traffic flow and emergency access, blocking of light, wind tunnels, and overcapacity of utilities.
Many developers obtain permits which greatly exceed the specified densities, and the ANA is now working with the PRODEUR (Jalisco State Attorney General) to enforce the Plan Parcial. Recently, the PRODEUR announced that they were initiating a lawsuit against the D’Terrace development in Amapas. The ANA has notified AMPI, Puerto Vallarta’s professional real estate association, to notify all clients that this project is under judicial review, and exceeds the limits of the plan parcial.
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