8 EDGEDAVAO Republic of the Philippines City of Davao Office of the Sangguniang Panlungsod 19th City Council 9th Regular Session Series of 2019 PRESENT: Councilor Alberto T. Ungab - Temporary Presiding Officer Councilor Ralph O. Abella Councilor Nilo D. Abellera Councilor Bai Hundra Cassandra Dominique N. Advincula Councilor Wilberto E. Al-ag Councilor Dante L. Apostol Sr. Councilor Richlyn N. Justol-Baguilod Councilor Conrado C. Baluran Councilor Pamela A. Librado-Morata Councilor Jessica M. Bonguyan Councilor Diosdado Angelo Junior R. Mahipus Councilor Louie John J. Bonguyan Councilor Jaffar U. Marohomsalic Councilor Pilar C. Braga Councilor Myrna G. L’Dalodo-Ortiz Councilor Augusto Javier G. Campos III Councilor Antoinette G. Principe-Castrodes Councilor Danilo C. Dayanghirang Councilor J. Melchor B. Quitain Jr. Councilor Jonard C. Dayap Councilor Mary Joselle D. Villafuerte Councilor Edgar P. Ibuyan Jr. Councilor Jesus Joseph P. Zozobrado III ABSENT: Vice Mayor Sebastian Z. Duterte - OB-Acting City Mayor Councilor Maria Belen S. Acosta - On Domestic Emergency Leave Councilor Edgar R. Ibuyan Sr. - On Official Business Councilor Bonifacio E. Militar - On Sick Leave
ORDINANCE NO. 027-19 Series of 2019 AN ORDINANCE ON BUILDING HEIGHT LIMITS AMENDING ARTICLE VIII SECTIONS 3 TO 6 OF THE AMENDED 2013 COMPREHENSIVE ZONING ORDINANCE OF DAVAO CITY Be it ordained by the Honorable Sangguniang Panlungsod of Davao City in session assembled, that: SECTION 1. TITLE – This Ordinance shall be known as “AN ORDINANCE ON BUILDING HEIGHT LIMITS AMENDING ARTICLE VIII SECTIONS 3 TO 6 OF THE AMENDED 2013 COMPREHENSIVE ZONING ORDINANCE OF DAVAO CITY”. SECTION 2. PURPOSE – This Ordinance is enacted for the following purposes: 1. Guide, control and regulate future growth and development of the City in accordance with pertinent laws on building height regulations and on allowable urban development mechanisms responsive to the challenges and opportunities of urbanization; 2. Provide an orderly pattern of development that is both transit-oriented and transit responsive; 3. Conform to flight safety regulations and improve disaster-resilience; 4. Preserve view of cultural and heritage sites; 5. Promote and improve urban livability index such as better air quality, sufficient access to sunlight, open and green spaces and urban connectivity and mobility comforts; 6. Provide incentives to the private sector in improving the built environment. SECTION 3. DECLARATION OF POLICY - It is the policy of the City Government of Davao to manage efficiently the urban landscape where mobility potentials are maximized, greening programs actualized through innovative space provision, and disaster-resilience intensified through building height restrictions. The City shall continue to devise zoning and land use mechanisms responsive to the challenges and opportunities as may be presented by urban growth and development. The scheme for Additional floor-space credits to qualified private individuals or corporations which have allocated open spaces for the public through the Privately Owned Public Open Spaces (POPOS) program and the premium required from developers opting for additional floor areas over and above the regular height limit being imposed by the city are strategies for environment investments. The premium floor space that may be permitted in a zone for a specified fee shall provide the City an avenue for revenue generation that may be devoted to road improvement and greening programs. It shall be further declared to be the policy of the City to strictly enforce measures in accordance with existing and relevant land use provisions. SECTION 4. SCOPE OF APPLICATION - This Ordinance shall prescribe the rules applicable to any building construction activity within the territorial jurisdiction of Davao City. This Ordinance shall prescribe the guidelines on the applicable permissible height in relation to the distance from the flight path and with reference to the desired urban densities and in setting relative order to the City’s skyline and preservation efforts. Variance or additional premium height over and above the regular height limit set by the City shall be allowed and permitted provided that it shall not be higher than the limitations set by the Civil Aviation Authority of the Philippines (CAAP). SECTION 5. DEFINITION OF TERMS - For the purpose of the Rules and Regulations, the following terms and phrases shall mean as follows: 1. Obstacle Limitation Surface (OLS) – is an imaginary surface above ground that sets the height limit for building structures to ensure flight navigational safety; 2. Floor Area Ratio (FAR) is the ratio of the total plot area to the total building area and is determined by the size of the plot and the width of the road in front of the plot; 3. “Comprehensive Land Use Plan (CLUP)” shall refer to the document embodying specific proposal for guiding, regulating growth and/or development; 4. HLURB – Housing and Land Use Regulatory Board; 5. Conforming Use – a use, which is in accordance with the zone classification as provided for in the Ordinance; 6. Green Architecture – building and structure design philosophy that aims at minimal use of non-renewable and/or polluting materials and resources/energy in construction and use of a facility when completed; 7. Green Space- community space consisting of land (as parks) rather than buildings; 8. Privately-Owned Public Open Spaces (POPOS) are physical spaces which are privately owned but legally required to be open to the public under a land-use law and arrangement with the City Government of Davao such as but not limited to plazas, terraces, atriums, small parks, view decks, playground, food park, and alleyways that connects two structures without passing through a regular street. 9. Zoning Map – a duly authenticated map delineating the different zone classifications into which the whole city is divided. 10. Mean Sea Level – the zero reference point from which the limits shall be measured from. SECTION 6. AMENDMENT TO ARTICLE VIII SECTIONS 3 TO 6 OF THE AMENDED 2013 COMPREHENSIVE ZONING ORDINANCE OF DAVAO CITY - For purposes of providing the amendment and supplemental provisions of Article VIII Sections 3 to 6 of the Amended 2013 Comprehensive Zoning Ordinance of Davao City, the following revisions and amendments are depicted as follows: ARTICLE VIII COMMON REGULATIONS FOR MAJOR URBAN SUB-ZONES “SECTION 3. To provide specific height limits for buildings and structures in the City intended to achieve desired levels of urban densities, respond to transport and traffic concerns with due consideration to the rising demand for water, power, and other utilities, provide precautionary and proactive approach to urban mobility and efficiency and create an ecologically sustainable environment to improve or maintain the quality of life. Height regulations must conform to the restrictions and requirements as set forth in this Ordinance which are generally set lower than the prescribed limits set by the Civil Aviation Authority of the Philippines (CAAP) and providing further that the requirements are compliant with the National Building Code, the Structural Code as well as all laws , ordinances, design standards, rules and regulations related to land development and building construction and the various safety codes. 3.1 Height Regulations Objectives. – The height restrictions, regulations and incentive scheme shall have the following purposes: 1. To guide, control, and regulate future growth and development of the City in accordance with pertinent laws on building height regulations and on allowable urban development mechanisms responsive to the challenges and opportunities of urbanization; 2. To provide an orderly pattern of development that is both transit-oriented and transit responsive; 3. To conform to flight safety regulations and improve disaster-resilience; 4. To preserve the view of cultural and heritage sites; 5. To promote and improve urban livability index such as better air quality, sufficient access to
VOL.12 ISSUE 203 • FRIDAY-SATURDAY, DECEMBER 20-21, 2019 sunlight, open and green spaces and urban connectivity and mobility comforts; and 6. To provide incentives to the private sector in improving the built environment. 3.2 Height Regulations Policy - It is the policy of the City Government of Davao to manage efficiently the urban landscape where mobility potentials are maximized, greening programs actualized through innovative space provision, and disaster-resilience intensified through building height restrictions. The City shall continue to devise zoning and land use mechanisms responsive to the challenges and opportunities as may be presented by urban growth and development. The scheme for additional floor-space credits to qualified private individuals or corporations which have allocated open spaces for the public through the Privately Owned Public Open Spaces (POPOS) program and the premium required from developers opting for additional floor areas over and above the regular height limit being imposed by the City are strategies that will promote sustainable environment and augment the limited resources and allocation for environment investments. The premium floor space that may be permitted in a zone for a specified fee shall provide the City an avenue for revenue generation that may be devoted to road improvement and greening programs. It shall be further declared to be the policy of the City to strictly enforce measures in accordance with existing and relevant land use provisions. 3.3 Scope of Height Regulations – The height regulations shall prescribe the rules applicable to any building construction activity within the territorial jurisdiction of Davao City. This Ordinance shall prescribe the guidance on the applicable permissible height in relation to the distance from the flight path and with reference to the desired urban densities and in setting relative order to the City’s skyline and preservation efforts. Variance or additional premium height over and above the regular height limit set by the city shall be allowed and permitted provided that it shall not be higher than the limitations set by the Civil Aviation Authority of the Philippines (CAAP). USING AS BASIS THE OBSTACLE LIMITATION SURFACES (OLS) BOUNDARIES AS SET BY CAAP AND THE IMPOSITION OF DIFFERENT HEIGHT LIMITS DEPENDING ON THE ZONES, THE DESIRED DENSITY, AND THE LAND USE PLAN OF THE CITY. 3.3.1 Adoption of the OLS Boundaries of CAAP as technical reference material for height limit zoning purposes - The City of Davao hereby uses as basis the Obstacle Limitation Surfaces for the Davao International Airport Zones only insofar as the delineation and boundaries of each zone as officially prescribed by the CAAP are concerned. Figure 1. Delineation of Davao City into 15 Height Zones using the OLS Boundaries of CAAP
Page 6 of 14 Ord. No. 027-19
3.3.2 Mean Sea Level as the Reference Point of Measurement – The height limits in this 3.3.3 LIMITSof Davao imposes Ordinance shall all haveREGULAR the MeanHEIGHT Sea Level as the The zeroCity reference point unlessvarying otherwise specified. regular height limits for building structures, the maximum limit being 72 meters 3.3.3 REGULAR HEIGHT LIMITS – The City of Davao imposes varying regular height limits for above mean sea level. For the specific height limits, table 1 below shows the building structures, the height maximum limit 72 meters varying limits in the being OLS Boundaries for above the DIA:mean sea level. For the specific height limits, table 1 below shows the varying height limits in the OLS Boundaries for the DIA: Table 1. Regular limit versus HeightHeight Limit Limit of theof city in METERS ABOVE Table Height 1. Regular Height limitPremium versus Premium the city in in METERS MEAN SEA LEVEL in the 15 Height Zones MEAN SEA LEVEL the 15ABOVE Height Zones
TS TO-A TO-B TO-C TO-D TO-E TO-F AP-A
REGULAR HEIGHT LIMIT in meters 28-42 28-42 42 45-72 72 72 72 28-42
PREMIUM HEIGHT LIMIT in meters 33-72 33-72 72 72-100 100 100 100 33-72
AP-B
42
72
AP-C
42-72
72-100
AP-D
72
100
AP-E
72
100
IH
42
72
CS
42-72
72-100
CHS
72
100
ZONE
CAAP OLS BOUNDARIES TS-1, TS-2 TON-1, TOS-1 TON-2, TOS-2 TON-3, TOS-3 TON-4, TOS-4 TON-5, TOS-5 TON-6, TOS-6 APN-1, APN-2, APS-1, APS-2 APN-3, APN-4, APS-3, APS-4 APN-5, APN-6, APS-5, APS-6 APN-7, APN-8, APS-7, APS-8 APN-9, APN-10, APS-9, APS-10 IHN-1, IHN-2, IHM-1, IHM-2, IHS-1, IHS-2 CSN-1, CSN-2, CSM-1, CSM-2, CSS-1, CSS-2 CHS-1, CHS-2
3.3.4 Article 10. PREMIUM HEIGHT LIMITS - There shall be established in the City premium Article 10. PREMIUM HEIGHT LIMITS- There shall be established in height limits, the3.3.4 maximum of which is 100 meters above mean sea level. Table 1 above shows the City premium height limits, the maximum of which is 100 meters above specific premiumthe height limits in the 15 Height Zones. mean sea level. Table 1 above shows the specific premium height limits in the To Secure permission to construct a building or structure up to the premium height in the 15 15 Height Zones. Height Zones, the project owner and/or developer must apply for Premium Additional Floor Spaces. To Secure permission to construct a building or structure up to–the premium in the following 3.3.5 Applicable Zoning Classification for the premium height limit Developers height inpermission the 15 HeighttoZones, the project owner developer must apply zones may be granted construct up to the and/or premium height limit if the structure is for Premium within the following zoning Additional classes: Floor Spaces. * Major Commercial Zone (C2); 3.3.5 Applicable Zoning Classification for the premium height * High-Density Residential Zone (R3); and zones may be granted permission to limit – Developers in the following * Institutional Zone up to the premium height limit if the structure is within the construct following zoning Limits classes: for projects within 500 meters from an Intermodal Transit 3.3.6 Permissible Height Station (ITS) – In pursuit of a more efficient urban environment leading to a Transit Oriented Major Commercial Zonelimits (C2); allowed for construction projects which are within 500 Development in *the city, the height High-Density Residential Zone (R3); and meters from the **boundary of an Intermodal Transit Station shall be fully maximized where applicable Institutional Zone with due consideration to Article 11. For purposes of qualifying under this category, the plot of land subject to this provision shall be considered for the maximum permissible height if it is, wholly or in part, within 500 meters from the boundaries of an Intermodal Transit Station. Table 2. Permissible Height Limits for projects within 500 meters from an Intermodal Transit Station