Jalisco Attorney General to Review D’Terrace Case

tribuna article march 24 2014This Article is a translation of the attached article published in the “Trubuna de la Bahia” on Monday, March 24, 2014:

Following the uneasiness experienced by the neighbors and business owners of Amapas upon judging that the development DTerrace exceeds the norms for height and density, the subject is now in the hands of PRODEUR that is due to issue a legal judgment by April 14 the latest.

According to the PRODEUR legal director Juan Carlos Hernandez Ocampo, he became cognizant of the neighbors’ concerns and for that reason he is currently reviewing the case, but he cannot give his opinion in advance while preparing the definitive judgment, until he has completed the said studies.

“We are reviewing (the case) and at the proper time we will release the results to the neighbors, in the review being included the information we asked from the city that has already arrived.  We are reviewing the issue in the totality of its elements so that we can produce our legal results and in case it violates the norms there will be a demand to annul whatever is bad, although also the construction could be OK” indicated the state official.

Upon questioning if the review will be according to Plan Parcial of the zone from the documentation having arrived in certified copies, (indicated) that the review will be according to the plans, licenses, and permits.

He did acknowledge that  PRODEUR works within deadlines for which the legal response is due by April 13, in other words in 3 weeks.  In case that the license was issued erroneously, PRODEUR would intervene through a lawsuit to annul the license, directed against the municipality, given that it was the authority incorrectly issuing the permit. ANA would be called (to participate) like the third adjunct and in the same sense the developer would be called like the third interested entity.

In this sense, he acknowledged that seeking annulment is through a lawsuit directed against the city of Puerto Vallarta although the developer will also have the right to defend themselves in the same suit as the third affected entity.

It fits mentioning that according to the analysis of the urban features of DTerrace performed by the architect Alfonso Bano Francia, member of the College of Architects of Puerto Vallarta, the development exceeds the (indicated) heights by at least 9 meters and by at least 19 living units the current Plan Parcial of the corresponding Urban District.

ANA Members Raise over $100,000 Pesos for Responsible Development

Rising to the occasion, over 100 Amapas Neighborhood Association Members and friends joined together at the ANA’s “Fun-Raiser” on Tuesday March 25 to contribute over $100,000 to the cause of fighting for Responsible Development. (photos to come)

ANA Member and Villa Sausalito owner Jim Gabbert led the cause by announcing a match of $13,000 pesos for anything donated, and then when donations came in at about $30,000 pesos Gabbert generously offered to match the entire amount!  Rising to the challenge Fusion Gourmet Co-Owner Matt Harty generously added to the pool with another $13,000 peso donation.

A fun “Pull’n’Pay” Raffle was enjoyed by everyone and 5 prize packages were raffled off with values up to $22,000 pesos donated by our generous sponsors.  The ANA thanks them for their support and reminds all members to patronize them when you can to show our thanks.  They include:

Special thanks go to the entertaining and energetic ChiChi Rones who hosted, and to Board Member Javier Jimenez for donating the time of musical group Piel Canela whose live music created a beautiful ambience. Thanks to Board Member Robin Spencer, President Tom Swale and Administrator Jae Palsce for organizing, and to Tropicana Hotel for hosting.

When all donations are paid, ANA will have a substantial budget for legal defense and other expenses related to Responsible Development for the year.  Equally important, Amapas Neighborhood Association members have spoken with one voice to say “enough” to oversized development in the area and have stepped up to support the cause. ANA President Swale mentioned at the event “The ANA is not a NIMBY organization, and we are not against development.  On the contrary we’d love to support and encourage Responsible Development that is within the Plan Parcial and that supports the character of Amapas.  But we will fight anything that is against the law, the Plan Parcial which we helped pass in 2012.”

ANA FUN-Raiser Tuesday March 25

Raising Money to Fight for Responsible Development

Event Flyer

ANA FunRaiser Event Flyer

Excitement is building as the ANA prepares for its biggest fundraiser of the year Tuesday March 25, at the Tropicana Hotel from 6-8pm. Emcee and “hostess” ChiChi Rones will bring her humor to the event, and we’ll have live music by Piel Canela.

While the intent is serious — raising over $50,000 for legal costs to fight for Responsible Development — the event is FUN!  You’ll have the chance to win five valuable and exciting prize packages put together by Board Member and Event Chair Robin Spencer. A special kind of raffle lets you draw chances for $50, $250 or $500 pesos and by buying one, have a chance at a package worth thousands of pesos.  Prize packages include:


  • Free round of golf for four people at Vista Golf*
  • A case of golf balls, tees,
  • Three golf books including two signed by author Bob Glanville
  • Dinner for four at the Swedes
  • One night stay for four at Casa Isabel
  • Act II tickets for two to main stage production

*does not include cart fee of $36 per person


  • Two night stay at Casa Cupula in deluxe king room, (May -Oct)
  • Gift Certificate for $600 pesos at Taste Restaurant at Casa Cupula
  • Lunch at Ocean Grill with beach time
  • Tickets for two to Act II main stage production
  • Beach bag, beach towels, beach checker set, umbrella, bottle of wine in a two person wine kit


  • Massages, pedicures, manicures, facials from Artepil Spa
  • Dinner party and overnight stay at Casa del Angel (6 people)
  • A case of wine
  • Act II tickets to main stage production


  • Two $650 peso gift certificates for PV Botanical Gardens day tour and lunch
  • Flower bouquet in vase, a basket full of items from the PV farmers market
  • Necklace from Jan Skogen
  • Painting by Susan Wiseman
  • Dinner at Bravos Restaurant
  • Dinner for four at Jorge’s Hideaway
  • Tickets for two to Act II main stage production
  • One night at Casa Isabel in the Honeymoon suite


  • Two night stay with a party for up to twenty friends, featuring wine and appetizers by the house chef
  • Act II tickets for two to the main stage production


Your $300 entry donation will cover open bar and food.

ChiChi Rones Host(esse)s

ChiChi Rones Host(esse)s

And, tickets will also be available for purchase at the event for the FINAL SHOW OF THE SEASON of HOLLYWOOD LEGENDS, performed by Emmy Award Winner Chi Chi Rones! TUESDAY MARCH 25TH @ 10PM at ACT II STAGES. Chi Chi performs songs from your favorite HOLLYWOOD MOVIES while impersonating and singing LIVE as JUDY GARLAND, BILLIE HOLIDAY, BETTE DAVIS, KATHARINE, MARLENE DIETRICH. Chi Chi also sings in her own soaring voice and engages audiences with her witty repartee!



No Progress as ANA Meets D’Terrace Developers

THURSDAY MARCH 20, 2014 PUERTO VALLARTA:  Amapas Neighborhood President Tom Swale, Administrator Jae Palsce, Architect Jose Alfonso Baños and ANA’s legal counsel met with Morey Applegate and Pedro Robin of Applegate Realtors, D’Terrace architect and developer Octavio Lopez, and one of his investors to discuss the D’Terrace Project today.
No offers were made to the ANA reps regarding reducing the height or overall size of the project to bring it within Plan Parcial limits.  Neither did they deny that the building was being developed as described.


Baños recounted some of the ways in which the proposed development violates this Plan by over twice the permitted density and height.  Swale stated that it is not the ANA’s goal to stop development, rather to enforce the Plan Parcial placed into law by the city for the size and scale of such development.  He stated the ANA would love to promote developers who work within the law.
The developers made the following points:
  • The development is legal because they have a permit
  • They are developing a condo building that will bring wealthy homeowners to Amapas
  • Their building is not causing damage to anyone so they should be allowed to build it
  • That’s the way that development has been done in Puerto Vallarta
While maintaining that the ANA did not understand what the development was, and was misrepresenting its legality, neither the developer nor the Realtor disputed the stated facts.