SHOE MART DEVELOPMENT CORPORATION BLUE RESIDENCES The blue residences project is a shoe mart development aimed at providing

a high rise condominium in katipunan meant to cater to the student population. It is located right next the Ateneo Blue Eagle Gym, and is situated on a lot at the corner of aurora avenue and katipunan. The lot is 4,235 square meters, triangular in form. It is strategically located to take use of the available amenities such as the schools, restaurants, shopping areas, and lrt station. It will feature residential units ranging from the studio types (21-26 sq.m), single bedrooms (23-32 sq.m), and double bedroom types (45 sq.m) Blue Residences is scheduled for completion, and ready for purchasing by 2014. The tower will be 41 floors high and feature a roofdeck, effectively making it a 42 storey structure. GROUND FLOOR: Grand Entrance Lobby with Lounge Area Five (5) Passenger Elevators Commercial Establishments RECREATIONAL FACILITIES AND AMENITIES: Infinity Swimming Pool Toddler Pool, Jogging Path Multi-purpose Hall Four (4) Function Rooms Playground Area Garden and Gazebos BUILDING FACILITIES AND SERVICES: Chambermaid Services (Maintenance and Housekeeping) Automatic Fire Detection and Alarm System Stand-by Generator for Common Areas and Select Residential Outlets Natural Ventilation for Hallways Sufficient Fire Exits Centralized Cistern Tank Sewerage Treatment Plant CONTROVERSY The rise of the 42-storey blue residences has caused many controversies within the community. Most of these issues delve into the building itself and its location. The current site is classified as a R2 medium residential area as well as a C2 major commercial zone. Protest have been made due to SMDC (Shoe Mart Development Corporation) acquiring specific exemptions to the classified land zoning as well as exceeding the 24 storey height limit. Another factor taken into consideration was that the site is located right next to a fault line making the area prone to earthquakes. Combined with the tallest tower in the area protesters brought to light the risks that could be involved. Traffic was another issue involved as the current traffic situation for katipunan can be described as gridlocked during rush hour. The development of another structure

on such a scale could further add to traffic detriment. The controversy does not surround just the building itself, moreover it involves the zoning exemptions granted by the Quezon City council and City Engineer. The resolution was apparently passed hastily, all being completed within one day. This further posed another anomaly as it is considered impossible to complete the legislative process and deliberations required to grant the exemption all within that short amount of time. SMDC was granted a "Resolution Authorizing the Issuance of Certificate Exemption" to allow them to begin construction of the Blue Residences Tower. This was done on March 8, 2010, during the time when Feliciano Belmonte was Mayor. Ateneo and the surrounding communities filed protests regarding the "exemption process", "absence of deliberation", and "building without permits". They claim that excavation and preliminary construction were already evident in December 2010, while the permits were only issued on January 20, 2011. Some Quezon City councilors advocate the opposition of the blue residences, Quezon City councilor Allan Reyes said there is a proposed Resolution 10-223, which Councilor Precious Hipolito Castelo filed, seeking to revoke the exemption issued to SMDC. City councilors amended the zoning ordinance itself only last June via Ordinance No. SP 2069, S-2011. The following text refers to the issues the community wishes to be handled by the local government authority: (Direct Citation Follows) Ateneo de Manila University Position on the Blue Residences Ateneo de Manila University, in support of the Loyola Heights community wishes to state its position regarding the construction of Blue Residences of SM Development Corporation, at the corner of Katipunan and Aurora Blvd. in Quezon City. Ateneo recognizes the right of SM Development Corporation (SMDC) to construct a building in this property, but is deeply concerned about the violation of required processes, lack of transparency, and apparent disregard for the welfare of the larger community on the part of the developer and some Quezon City authorities. 1. SMDC was granted an exemption from the zoning regulations (Zoning Ordinance SP918, S-2000) without following the required process. a. SMDC did not submit any application with the Loyola Heights Barangay, thus no consultation with the community took place. b. The zoning code has clear provisions on exceptions or variations as specified in Article VIII, Section 3. Upon review of the provisions, it is difficult to understand how the Council justified the approved exceptions. c. The discussion of a resolution to issue a certificate of exemption in the City Council was introduced and concluded within the same session (March 8, 2010), under suspended rules. We note that deliberations under suspended rules are only allowed when the element of time is considered, i.e. an emergency situation. It is questionable that this resolution meets the criteria of an emergency. Due to the haste with which this resolution was passed, it is evident that the implications

and possible negative effects on traffic and environment in the vicinity were not tackled. There is no record of any consultation with their constituents undertaken prior to this act of the City Council. d. A review of the Minutes of the 83rd Regular Session of the 17th City Council (Sangunian ng mga Mag-aaral ng mga Paaralang Loyola ng Ateneo de Manila report) showed that a Resolution Authorizing the Issuance of a Certificate of Exception to SM Development Corporation for three properties in Quezon City was introduced by Councilor Antonio Inton, Jr. In that session, the period of discussion was terminated soon after it was opened, and approval of the resolutions was done swiftly upon the motion of Councilor Inton and seconded by Councilor Victor Ferrer. The minutes reflect THE ABSENCE OF ANY DELIBERATION on this resolution, which should be an important part of giving exemptions. It was noted that a similar pattern of approval was followed for the two other SMDC developments. We reiterate our concern that these approvals for exemptions were granted with absence of discussion, or an effort to hear or understand reasonable justifications for the deviation from zoning regulations, and the impact on the rest of the community. It does not reflect the Councils regard for the interests of their constituents. We take notice that SMDC has followed this pattern in their three development projects, of constructing properties that require exemptions allowing deviations from the restrictions of the QC Comprehensive Zoning Ordinance. 2. The exemption granted is way above what is allowable based on the the Quezon City Comprehensive Zoning Ordinance : a. Said Ordinance requires 1 parking slot per dwelling unit ratio (Article VI Section 4), the project was approved with a ratio of 1:3.8 (Resolution No. PR2010-111) b. In the Ordinance, there are different Floor Area Ratios (FAR) specified for the property: Allowable FAR for the portion of the lot facing Katipunan is FAR 12, portion facing Aurora is FAR 8. The project, with gross floor area of 67,134.54 sq m, for 42 storeys was approved with a resulting FAR of approximately15.85 (Lot area is 4,234.51 as discussed in the presentation to the barangay last February 3. (Floor Area Ratio or FAR - is the ratio between the gross floor area of the building and the total lot area on which the building stands, this is computed by dividing the gross floor area of the building by the lot area). It is our understanding that the FAR is specified by the Ordinance to regulate developments based on the capacity of existing public utilities and systems in the area. Again, there is no evidence to show that such regulation was considered in the granting of this exemption to allow a 42 storey building on this site. 3. SMDC began construction of this structure without a building permit. A research into documents tracing the building permit for this property shows: a. A Barangay locational clearance was issued by the Barangay on March 2, 2010

b. A fencing permit was issued by the Barangay Loyola Heights office on November 5, 2010 c. An application for building permit was not filed with the Barangay, thus a clearance was never issued. It is our understanding that a Barangay clearance is a requirement before a building permit is processed. d. Excavation activities were noticeable in December 2010 . Barangay Chair Marquez wrote letters to the Building Official on January 10 and to the Mayor on January 27 alerting them and requesting for an intervention to stop the illegal activity. e. A building permit was granted by City Engineer only on January 20, 2011 f. The date of issuance of this building permit shows that it was granted DESPITE mounting protests from the Loyola Heights community, expressed through letters, meetings, petitions from stakeholders, and a pending resolution for revocation of the exemption. Is the City Engineer not required to consider possible objections to a project before it grants a permit? g. An inspection of the construction site shows substantial progress on the building foundation. In view of these, Ateneo de Manila strongly stands on its position that: 1. The ongoing construction of the Blue Residence be stopped until a true consultation process has taken place. In the public hearing called by the Loyola Heights Barangay Chairperson, in response to a clamor for consultation, held on February 3, stakeholders from the community came in full force to register their concern over the lack of consultation. Representatives of SMDC explained the details of the project, and how it would benefit the community but were not prepared to address the concerns of the stakeholders. They spent more time defending or rationalizing the exemption, rather than listen to the questions on how they would address traffic and environment problems. Clearly no communication took place. In view of the failure of this hearing to bring about dialogue, and to provide the right venue for communication between the interested parties, a. SM Development Corporation should initiate action to stop its construction until it has heard and responded to the concerns of the various stakeholders. b. If SMDC is not willing to stop, we ask the Quezon City Authority to intervene and impose a Cease and Desist order to show good faith that it is interested in the welfare of its existing communities. 2. The basis for the Resolution granting the exemption be reviewed immediately for reasons stated in the first part of this statement: a. The haste of the decision by the City Council does not reflect any detailed analysis of

the submitted plans, particularly traffic and development density, and over-all impact on the environment. b. The rationale behind zoning regulations takes into consideration public safety, comfort and general welfare of the community members. The exemption granted, which is way beyond what is allowable is a contradiction of this rationale. We appeal to the Quezon City officials to demonstrate a model of good governance and fulfill their mandate of serving the greater good of its constituents, and to the responsible shareholders of SM Development Corporation, to fulfill their articulated mission of being good corporate citizens. - Exerpt from Edna P. Franco (Direct Citation from http://www.admu.edu.ph/index.php? p=120&type=2&aid=9727) SMDC however defends itself, stating that is has already aquired prior consent and approval from the surrounding barangay (Loyola Heights), the Quezon City Government, and all other related agencies. Due to SMDC possessing a barangay clearance, location clearance, environmental clearance, building permit and other related permits; SMDC solidifies their right to build on the site. SMDC also denies allegation of the building starting construction before barangay Loyola Heights were notified. Accornding to SMDC sources all voices and concerns were already expressed Loyola Heights, and that the Quezon City government has declared that there is no current violation in building laws or civic laws. Pros and Cons Each side has it's possible pros and cons, arguements can be made from both sides reflecting their desired goals. On one hand we have possibilities of an increased volume of traffic, shortages of water, user safety issues regarding earthquakes, and a visually tall structure over the katipunan area. SMDC could however cause possible advancements. Increase in efficiency of land area, social oppurtunities, and the call for improved traffic infrastructure. Result/Conclusion As of now SM Blue residences is in full swing, development has continued and the building is a already approaching it's 5th or 6th floor. There seems to be little opposition left once SMDC acquired all necessary papers and requirement to start building the condominium. The reason we chose the case of Blue Residences is because it's a development that was completely shrouded in controversy even before it took form. It's location and sheer size as a condominium made id an ideal target for backlash from the surrounding community. SM Blue will also make an interesting development to follow in the coming years, becoming the tallest building in the immediate vicinity, it may incite a change over the katipunan skyline and it's zoning ordinances.

Bibliography: http://www.slideshare.net/melvinbertulfo/sm-blue-residences http://smresidencescondo.com/bluekatipunan.html

http://flavoroflife.net/projects/residences/