00000cab a22000004a 4500 IPP-00000257901 IPP 20180418101450.0 180418s2009 xx d | ||r |||||eng|| eng Silvestre, Jose Danilo A. Architectural design guidelines and deed of restrictions for the Taal View Heights Farmlot Community in Talisay, Batangas 2009 Illustrations Many of the leading developer in the Philippines have commenced the development and marketing of farmlot communities in areas surrounding the National Capital Region. Some of the more significant of these are found in nearby outlying provinces as Cavite and Batangas. The concept behind such developments is the provision of an alternative non-urban residential lifestyle which focuses on an agricultural base of activities. This is targeted on the so-called "gentlemen" or "weekend farmer" whose primary urban residence is in Metropolitan Manila and its suburbs. A secondary market also exists among retirees, both local and expatriate, "Balikbayans" and Overseas Filipino Workers (OFWs). The physical development concept comprises the development of "farmlots" as opposed to purely "residential lots" with plot areas in excess of seven-hundred fifty (750) square meters, and generally ranging within the one thousand (1,000) square meter range. The gross footprint of any residential structure is generally limited to twenty percent (20%) of the gross plot area. Other than these basic restrictions, the provisions of the National Building Code remain largely applicable. The Department of Natural Resources (DENR) and the Housing and Land Use Regulatory Board (HLURB) are also responsible for establishing and implementing development guidelines and standards for Farmlot Subdivisions. As in most open-market residential subdivision developments, developers normally draft and issue a Deed of Restrictions that is appended to and is legally integrated with the Lot Title. As such a lot owner is legally bound to abide by the controls and limitations embodied in the Deed of Restrictions. In addition, most subdivisions also issue a set of Subdivision Guidelines which augment and further define the scale and character of residential construction within the subdivision. Though usually enacted by the developer, the Subdivision Guidelines are eventually turned over to the Home Owners' Association (HOA) for implementation and enforcement. Theoretically, there are legal avenues that make it possible for the Subdivision Guidelines Home Owners' Association to eventually revise or modify the Subdivision Guidelines. On the other hand, it is more difficult to enact subsequent revisions to the Deed of Restrictions, since these from a legal component of the Lot Title. In terms of defining or otherwise attempting to regulate the architectural character of owner-built house, most developers have chosen to avoid any strict imposition of control via the Deed of Restrictions. This consideration has an impact in terms of both the marketability of the project as well as the subsequent enforceability of the controls. Progressive Developments in other countries have shown that a strict imposition of controls relating to architectural character can and will translate to competitive marketability and resulting appreciation in land values. The experience of architect-planners of the Neo-Classical and Neo-Urbanist genre has shown a rational, property organized and ultimately enforceable set of architectural guidelines can result in a markedly consistent community character without overly restricting the creativity and innovation inherent to good architecture. This experience has also brought with it the financial benefit that any real estate market essentially seeks, the appreciation and maintenance of land values. This is so, since it ultimately ensures the preservation of the positive physical, spatial and architectural elements that promote the identity and self-awareness of a community setting. This has not largely been felt in the Philippines. Many communities have found difficulty in the enforcement of even the simple and basic legal restrictions such as set-backs and easements. Though no research has actually quantified the extent of violations across the various market segment, it is probably safe to say that violations occur from the lowest to the highest segments of the residential market. When it comes to the issue of whether or not to regulate architectural style or character it is possibly perceived that the market would view such regulation as a curtailment of the freedom to choose the specific style or character of one's home. As such the impact of this on the marketability of a residential project may be considerable. The recent developments of so-termed "Farmlot Subdivisions" present the opportunity to propose new approaches toward the control and regulation of land use and the physical/spatial character of farmlot communities. The basic consideration is obviously centered on the necessity of ensuring that a community develops with a uniquely "farmhome" character and does not eventually transition into the typical urban residential mode. The paper shall discuss and present a set of Architectural/Urban Design Guidelines as well as the related Deed f Restrictions for a Farmlot Subdivision currently being developed in Talisay, Batangas. These were embodied in an Owner's Handbook which was prepared by the author under engagement by the Ledesco, the developer of the Taal View Heights Subdivision. In the course of the effort, Ledesco envisioned a farmlot community that was characterized by an essentially Filipino residential architecture. Though it was understood and accepted that Filipino architecture could be manifested within a continuum ranging from traditionalist to contemporary. The paper discusses how the set of architectural guidelines were structured as suggestive rather than regulatory and thus approached the presentation in a more graphic, qualitative, source-book mode. Furthermore, the paper discusses how the more control and enforcement-oriented Deed of Restrictions attempted to regulate the character of land use, density and scale of development through more quantitative controls, while selectively relaxing other controls on building height to allow optimal access to views and other visual corridors. The paper concludes with recommendations for further evolution and development of more stringent Controls Covenants and Restrictions that can possibly be considered by both the private development sector and the government regulatory agencies for future application. Muhon : Journal of Architecture, Landscape Architecture, and the Designed Environment no. 3 (2009), 1-8 UPD DARC Article FI