The City Council told the Taipan Development Incorporated, developer of the proposed Gaisano Capital at Brgy. Sto. Niño, Tugbok, to reapply for reclassification or rezoning.
Under the Committee on Housing, Rural and Urban Development (Low-end Projects) chaired by Councilor Rene Elias Lopez, an item relative to the reclassification of the said proposed commercial center was closed and terminated in view of legal issues during Tuesday’s regular session.
However, Lopez moved that the Council is without “prejudice to the item being refiled again.”
The 4,648 sqm of the proposed mall should apply for the reclassification from a Medium Density Residential Subzone to a Major Commercial Zone.
As per certification issued by the City Planning and Development Office, the area is also classified within a Water Resource Zone.
The said commercial establishment also faced two cases filed by the city for violations of the City Zoning Ordinance and the National Building Code.
Lopez, previously told TIMES, however, that the City Legal Office already withdrew the cases.
“We were concerned about the legal aspect and it’s a possible implication if we pass the item. In order to do away with the legal implications, we had to close the item. For their next application, that will not be a problem,” Lopez told Times.
With the recent withdrawal of the legal case filed, Lopez assured that it “would (be) taken into account on the next application.”
Lopez also reported that the City Legal Office recognizes the Local Zoning Board for the reclassification.
“They have signified that there are no legal infirmities with regards to the application for zoning reclassification of the area. It should be the Local Zoning Board to review the appeals,” Lopez said.
“With that, they had to settle first the legal problems of the application before we (Council) actually tackle the application for the rezoning of the area,” he added.