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| Arias' Guanacaste decree generates some confusion |
| Wednesday, 28 May 2008 | |||
 (AM Costa Rica) Brokers and real estate agents are starting to express confusion about what the presidential decree to regulate all coastal development in the Guanacaste area really means.Almost all say they are optimistic about the plan to limit the height and density of construction within four kilometers of the mean high tide mark in the Chorotega region, which includes most of the northwest coast of Costa Rica. But on deeper inspection the decree by Óscar Arias Sánchez leaves space for .... .... various uncertainties that could deeply affect the zoning plan's efficiency. Published in La Gaceta April 30, the decree is now official but will not go into force for another six months. The Ordenamiento Territorial de la Región Chorotega forbids construction in the 50 meters inland from mean high tide and states that no building in the following 150 meter concession zone may exceed a height of 16 meters (52.5 feet), about three floors. Buildings in the next 800 meters inland are capped at 24 meters (nearly 79 feet), about five floors, and the following three kilometers will have no buildings taller than 36 meters (118 feet), about eight floors. Two articles of the decree in particular have raised questions. Any project approved within the next six months will not have to comply with the rules, and any urban plan conceived and approved for individual coastal communities takes precedence over the decree. Projects that have their building plans authorized by the Colegio Federado de Ingenieros y Arquitectos within the six months after the decree's publication in La Gaceta will not be restricted by the decree. The process to achieve an authorization for titled land can take anywhere between four months and over a year. Plans are taken to the colegio about half-way through the process, after a ground use approval from the municipality and a water availability letter have been granted. This means that municipalities could technically approve a number of high-density projects within the next few months. Many residents in the coastal area are unsure whether to expect a sudden influx of applications for concessions and project approvals that exceed the planned height. “It'll be interesting to see in the next few months how the municipality reacts,” said Steve Broyles of real estate company Bratton, Broyles & Associates, in Tamarindo, who is also on the board of directors for the Associación Pro Mejoras Tamarindo (APMT). “There might be a free-for-all of approvals, depending on how much construction companies are willing to pay, or the municipality may realize that there is no inherent benefit to granting last-minute approvals.” Various projects that outstrip the height limit are already under construction. These include the Pacific Park project, a seven-floor condominium building under construction well within the first kilometer, and Hermosa del Mar, the first seven-story construction in Playa Hermosa, Guanacaste, which boasts three buildings of condominiums. Even those who are in the process of building high-density developments say they agree with the decree. “I think it's a fair decree – it will contribute with nature,” said Álvaro Vargas, a sales assistant at the Hermosa del Mar development, which is Costa Rican owned. “Costa Rica is a green country. If you lose that you lose its identity. But I can't lie — I'm quite happy the decree didn't come into effect before this project was approved.”  No high density in Tamarindo, Costa Rica' says the sign But the economic situation in the United States has taken a toll on at least some of the developments that could change the sky-line of Costa Rica's beaches. "There are about 6 or 7 projects that have started construction which would be taller than the decree allows,” said Federico Amador, director of Associación Pro Mejoras de Playa Tamarindo (APMT) “However, only one of these, Pacific Park, is still in the construction process. The others have stopped building because they are having trouble selling their condominiums.” Further confusion has arisen from the clause that states that any plan regulador conceived and approved for individual coastal communities overrides the decree. Currently, very few plan reguladores are in force in any coastal community, with the notable exception of the Papagayo peninsula. Tamarindo is in the process of putting together its own plan. “Our plan is more detailed. For example it states that there are to be no six-story buildings in front of the Tamarindo hills, even though in Arias' plan they would be allowed a kilometer inland,” said Amador. “If we had that kind of development so close to the beach, it would destroy the Parque Nacional de Las Baulas, as the lights would put off the turtles who come here to lay their eggs.” The association is currently in the process of organizing an environmental study as the final stage in approving the plan, and explaining the intricacies to community members. Funds for zoning plans must be found from within the community, and this factor may hinder the development of similar plans in other areas of Guanacaste. Tamarindo's urban plan appears to be stricter than the government decree, but the wording of the decree does not exclude the possibility that a coastal community may decide to embrace high-density construction in its own zoning plan. “That question is unchartered ground at the moment,” said Scott MacDougall of Century 21, in Playa Hermosa. Amador, who has been instrumental to the development of Tamarindo's urban plan, said that if everyone compiling the plan agreed, there would be nothing to stop a plan allowing high-rises. “Each individual community needs its own zoning plan,” said MacDougall. “Anyone who lives here will not want to authorize 15-story developments. Developers don't want their own projects' views blocked and residents don't want to live next to a tower block. But equally, the change to high density has been a function of economics. There is a need to go vertical, because each piece of land now costs much more than it did three or four years ago. Now that the precedent has been set in Playa Hermosa, we will probably be following suit.” The decree is set to run out in four years, and the document also fails to include any indication of what will happen to the regulation of construction after this time. The decree sets out further rules for density apart from the height restrictions. • No development may build on more than 65 percent of the proposed lot. • Hotels may only put 80 rooms per hectare on the restricted 150 meter zone, 120 rooms per hectare on the next 800 meters, and 160 rooms per hectare thereafter. • Residencial developments are restricted to 100 people per floor on each hectare in all zones. There is a maximum of 30 houses per hectare in the restricted zone, 20 residential units per floor on each hectare of the 800 meter zone, and 25 residential units per floor per hectare of the three kilometers thereafter. Comments (1)
Casa Azul
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In order to protect nature and investment into (tourist) developments it should be in the best interest of the federal and local government or the developers themselves to get this plan regulador done as best and fast as possible. Only an enforced and tight plan regulador which is based on environmental long term thoughts will be able to secure the product "Costa Rica --- No Artificial Ingredients" |
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