An ecological disaster in the making!

Well, it has been a while since our last posting. As you may imagine, the fight against the real estate absurdity of building monstrous towers near Panama's pristine periurban forests takes quite a bit of time.

The project Clayton View as other Panama's destroying projects, however, does not rest and keeps on selling itself. Newspaper and internet ads continue to pour around us to entice propective buyers such as american and european retirees to buy out and destroy the natural resources of Panama, the most delicate land link in the Americas.

One of the ads being posted in internet says that the design of the project is "ecological". Sorry we cannot publish their ads or their pictures because freedom of expression against commercial ventures that destroy Panama may be penalized -yes, it seems odd but it has happened-. Commercial foreign investment has the right-of-way versus open, honest and frank verbal and written opposition. And besides, the architect of the project happens to be the vice-minister of tourism, who is now in Europe promoting Panama's tourism, but nothing stops him on selling his project while not in official business. We just hope Panama's taxpayers money is not being used to finance or cover any expenses of the promotion of this project there or anywhere.

It is easy to see, when the area of the project is examined, that the project is not ecological, in fact, Clayton View project will be an ECOLOGICAL DISASTER! It will set a precedent on the destruction of the beauty of tropical rain forests in a periurban setting in the Americas, and perhaps in the whole world!

Allegations that the project will be "ecological" is millions of kilometers away from the truth. Just open a search engine and punch "Clayton View", and see for yourself. Where in the world you can find three apartment towers 18-stories high in the middle of two forests which have only 4 to 5 stories height? Try Google, try any other search engine, the closer you will see something similar is in the eastern Europe where 5 to 6 stories apartment buildings are being constructed near pine forests, but that's it. Other site is Japan, but there they reach only to 8 stories.

To illustrate our point of view, and you will be convinced is the right point of view, first check the first figure. That is the average satellite photo view of Clayton, north of the city of Panama.

In this photo you can see how green is Clayton. A few houses, not higher than two to three stories, spread over leaving plenty of open green spaces, most filled with beautiful trees. (A warning note: the Ministry of Finances is planning the sale of almost all these green rainforest areas to more developers for the following four months!)

Animals, such as medium and small mammals, amphibians and reptiles as well as thousands of tropical and migratory neotropical birds, move around these fragmented forest areas, in what are essentially wildlife corridors. These passage greenways are shown next, based on actual observations of movement of these animals.

The green arrow lines show the actual wildlife passages observed day and night for many years before the government started selling off the unbuilt land. The passage indicated with yellow arrows (which is oriented NW to SE) is specially critical since it maintain connection between the riparian forest to the SE, and the forested hill to the NE. It happens to be the location of the project Clayton View. The next picture shows an aerial perspective of the area.

The yellow arrow indicates the place for the project. Check in the next picture for a closer satellite view of the site. Where you see the centered white cross (too thin) is where the middle of three 18-stories tower of the project might be built.

The next picture shows in more detail how animals, terrestrial and aerial pass through the site.

This was a fact not mentioned by the environmental impact study but nevertheless it was approved by the national environmental authority. Tropical endangered bird species such as the tucan, pass through and some even live there. The next picture shows you exactly the location of the project in red frame.


Notice how the towers, marked by the red frame, are in the way of the passage, acting like a blockade, a great wall. To be even more precise so you, our dear reader and person concerned about the destruction of Panama, the next picture shows a closer view of the site. In the foreground is the forested hill with the water tank on top, and in the background the riparian forest of the Cardenas river. To the center is one of peaceful low-residential neighborhoods of Clayton. The passage most birds use here is shown with a yellow arrow.

Notice the size of the houses: simple single- and two-stories dwellings. In the next picture, you have a rendering, ours based on the project environmental study and ads published in local newspapers and the internet. No image from the developers has been used, we do not want to be sued for stealing "intellectual" property or infringe copyrights, of the three 18-stories monstrous towers of the project.

It is obvious that the project will be overwhelmingly high. It will be a "great wall" that will block the passage of wildlife, especially birds, whose richness is one of the attractions of tourism to Panama in the first place. Does not sound contradictory that a person serving as officer for tourism is proposing a project that will destroy one of the source of that tourism? But that is how Panama is being run nowadays.

If you block the passage of rainforest birds, who fly mostly under the canopies of trees, they will not contribute with seed or nutrients dispersal. After a while the forests will start to die and disappear. It may take decades or a few years. Everybody has seen it everywhere else in Panama and in the rest of the world.

Well, you may ask why things so uncomprehensive like this just happen. The answer is simple. In Panama, where the environment is not a thing to care for, the government changed the laws whenever they saw fit -the executive and the congress are controlled by one political party-, they changed land-use and zoning so periurban forests can be sprayed with high-rise apartment buildings. They took away powers from the Environmental Authority so pristine islands, biological and wildlife sanctuaries, wetlands and mangroves, biosphere rainforsts could be sold to build high-rise apartment buildings and luxury villas and resorts with golf courses signed by reknown golfers such as John Nicklaus.

Public nature reserves and resources are being purchased by top movie producers and actors, even music icons and pop artists. One wonders, so much campaigning by these same people for the environment in their countries and in popular venues, but they keep on buying small developing countries' rainforests and by that end up destroying the narrowest and most delicate biodiversity reserve in the Americas. The destruction of the Amazon forest versus the size of Brasil is small compared to the destruction of the beaches, rainforests and tropical islands of Panama. If you are fan of these actors and producers, write to them to stop this ecological massacre and instead join the fight to preserve and conserve Panama's rainforests, islands and mountains.

Well, the Clayton View project, is not far behind, and will reach a position of envy by being the first luxury high-rise apartment complex in the world to destroy a neotropical bird forest corridor that has attracted scientists and eco-tourists for more than six generations. A dubious and shameful honor that will be.

Our question to you: after the information provided here in, would you still buy an apartment from this project? Would you be willing to destroy the life of Panama periurban rainforest just to get an apartment in a 18-stories or more tower, from which its architect proclaims it is ecological but that will kill the local migration of rainforest birds?

If you think this project does not make sense, spread the word. Tell your friends not to invest in the destruction of this small still biodiversity rich country, which is known also as the Crossroads of the Americas.

Your friendly and open and honest adviser.

Disclaimer: Here we are revealing to you the truth, nothing but the truth. Any loss of business by the developers of the project mentioned herein because these truths are now being revealed to everyone, are entirely and solely responsibility of the developers, the decision rest on the prospective buyers. To reveal the truth, as inconvenient might be, cannot be and should not be a matter for legal suits.

A tale of illegalities – why Not to buy Clayton View!

In the last three months of 1996 meetings were held in the Panamanian coastal resort of Coronado to define how to maintain, preserve and otherwise develop the Canal areas to be reverted to Panama by 1999 according to the Canal Treaties between the US and Panama of 1977.

Detailed land use maps were produced and presented on this three-day meeting. The maps and a General plan of several volumes describing the land uses were to be the base and reference for future zoning.

The General plan and a additional Regional plan related to the Canal hidrographic basin with its own land use maps became Law 21 of 1997. In the General Plan map nearly 90% of the area of Clayton was designated Low Density Residential, which was later designated by the R1 zoning code.

The first figure shows the Clayton area by Law 21 of 1997, the yellow color indicates Low Density Residential land use or R1. Dark green defines green protected areas (Cruces Trail or Camino de Cruces National Park), while light green defines urban green areas not for development.

Figure 1. Land use map from Law 21 of 1997

During 1999 the ministry of housing known as MiVi, and the Interoceanic Region Authority known as ARI, entity charged with incorporating the Canal areas to the economy, changed the land use of the urbanized sectors, including Clayton, using over imposed land use criteria and created new Zoning codes. Also, the land was subdivided creating new lots and polygons for future sale.

At the beginning of 2000 an obsure ordinance by MiVi described the change on land use for Clayton. Whay obscure, is because no edition of the Official Gazette shows it published, which is a requiremente to be legally biding. The main legal problem with this act is that in order to change the land use, Law 21 of 1997 requires a new, an institutional ordinance, ruling or decree CANNOT change or substitute a law!

The zoning map in Figure 2 is an excerpt of the Panama city zoning map from the MiVi showing the modified land use with codes to allow higher densities than the ones defined by Law 21 of 1997. The map is accesible online at http://www.mivi.gob.pa/ for you to verify that the information provided here is truthful.

Figure 2. Ministry of Housing's zoning map section of Clayton

As you can see, the lot of the project Clayton View had, by law 21 of 1997 as most of Clayton, a Low-Density Residential (R1) land use; however this was changed, illegaly as described above by an ordinance and not by law, to Mixed Urban Residential Medium Density (MRU2).

Figure 3 shows another view from a map published jointly by the former Interoceanic Authority and MiVi shows this illegal zoning in a more clearer way.

Figure 3 Colored Zoning Map in Clayton View area

This meant that now instead of 100 to 300 people per hectare (p/h) now a developer can put up to 3,000 p/h in the same space where once 3-single family duplexes stood. Not only that, high-rise building could be constructed.

At the end of 2005 once again MiVi acted without public consultation and put up a resolution, No. 237, to allow developers to move the construction line at their own discretion increasing the lot setbacks and therefore increasing the height of their buildings. MiVi even allow a “tolerance” to go beyond what the resolution allowed in principle. All the high-rise projects so far have asked for tolerances.

Betrayed by the authorities that sold them their properties assuring them no tall buildings will ever be constructed in the reverted areas, the residents requested in 2006 the Supreme Court for the suspension of that resolution and got it. MiVi, apparently upset by the suspension process, prepared by the end of 2006 another resolution “cloned” after No. 237, this time No. 368, to again allow developers to construct high rise buildings. This last resolution was also suspended by the Court after being requested by residents.

At the same time, on a private bid from former owners, the developers purchased the three lots on the side of Hospital road in which 3 single-level single-familiy duplexes where built in 1962.
Immediately, and by using the unlawful MiVi resolutions they designed a monstruosity of 3-towers 18-stories apartment complex. They pushed up the number of possible inhabitants based on both unlawful suspended resolutions.

Every project must submit an environmental impact assessment (EIA) to the Environmental Authority (ANAM). The developers did it, but it was first rejected by ANAM, prompting them to submit another. The new EIA was now subject to scrutiny by the residents and the neighbors association requested such scrutiny to ANAM. However this entity was uncooperative with the association and presented the public hearing under circumstances the residents were not willing to attend and with no guarantee of fair hearing. The developers filled buses with people in favor of the project and filled the hearing place with them; almost all of them were non-residents of Clayton, some even directly related to the architect of the project. An extended document of rejection, fully supported by scientific and legal data, was presented to ANAM, but it never considered and in a matter of days approved the EIA swiftly and without any further requirements to avoid the serious biodiversity impacts the project has. These impacts will be discussed in a further posting.

You might say, what is wrong with all this?

• First, It can be easily proved in a decent and truthful Court of law, that the project and any future property title is illegaly zoned.


• Second, the project design and construction are based on two MiVi resolutions that have been suspended by the Supreme Court, however the construction municipal officer apparently has approved the project. A letter and the document of rejection based on legal and environmental data was presented to this officer, who never answered back.


• Third, the extension, location and height of the project disrupts and destroys the Garden City urban character that should be protected by Law 21 of 1997.


• Fourth, the project is essentially a wall that will block winds, humidity diffusion, seeds dispersal, wildlife passage and by putting more than 500 people where once only 24 people could live, we have a 19-fold increase which translate into social, environmental, water, electrical and utilities shortages for current residents, and of course, more sewage.
  

In this era of environment awareness, biodiversity loss, you do not want to be known as someone that publicly contributed to a environmental catastrophe.

Be assured, if you buy an apartment on this project, you will be entering a virtual legal limbo. There will be no legal security on your purchase or investment. You could be considered a knownly accomplice of illegal acts committed by the authorities and the developers. Eventually legal demands and suits will caught on you and your property, your investment may well be worth nothing in the end. It will be like paying a quarter million for a property worth only $50,000. The US 2007 loan mortgage crisis effects will be pale compared to this.

Clayton View is a project that will undeniably damage the environment, the local tropical rain forest, the biodiversity, the Garden City urban character of Clayton, the quality of life of the current residents, the ecological tourism, and the integrity of the Canal reverted areas of Panama.

In order to have a clear view of this damage, you just have to see a aerial view of the project site. Figure 4 shows the abundant although somewhat fragmented tropical forest areas, which constitute the main base and attraction of the Garden City urban character of Clayton and the area of the project that will be damaged by the project Clayton View.

Figure 4. Forested areas the Clayton View project will destroy

As it was mentioned before, a more detail account of the environmental impact, and therefore the biodiversity impact, of Clayton View, check the next posting, since the project constitutes a GREAT WALL against wildlife survival.

Play it safe, DO NOT BUY or INVEST on apartments at the CLAYTON VIEW project.

Avoid by all means to get involved in a mess.

Your purchase title may be infringing the law, meaning Law 21 of 1997.

STAY AWAY of legal troubles and nightmares.

If you have purchased an apartment on Clayton View, sell it right away or ask for your money back.

Say a BIG NO to Clayton View project, do not be a contributor to the climate change and to the destruction of Panama's and the world's biodiversity.

Disclaimer: Here we are revealing to you the truth, nothing but the truth. Any loss of business by the developers of the project mentioned here because these truths are now being revealed to you, are entirely and solely responsibility of the developers. To reveal the truth cannot be a matter of legal suits.

Welcome!

Good day!
At this point you probably have heard about Panama. Yes, Panama, the Central Americna republic, where the Panama Canal was built. Yes, Panama, the smallest land link that joins the Americas. The same Panama that millions of neotropical birds cross every year in their migrations from the North and from the South.
The Panama Canal area, and most of the isthmus of Panama was filled with tropical rainforests, the largest reserve in Darien, next to Colombia.
With the Panama Canal construction, defenses and the defenders living quarters were built across the Canal area. That included Fort Clayton, one of the largest Army forts south of the border.
The construction of housing in Fort Clayton between 1922 and 1978 produced lots of forest fragmentation, however migratory birds and mammals continue to thrive despite this, since the houses were small of one floor or two floors, widely spaced and with lots of trees and green areas in between. Many forest patches interconnect or reside close to each other so birds to this day continue to pass.
Moreover, many of the information about migratory birds in Panama were the result of patient observations done in Clayton between the 1930s and 1990s just before the Canal and Clayton passed to Panamanian hands.
Dear reader, that is about to change. A 18-stories 3-tower apartment complex is about to be built between riparian forests and hill forests of about 4-stories canopies. The towers will essentially stop the birds from being able to pass between these forest patches, many of which link forested reserve areas with a National Park and a Natural Park.
Migratory birds have been a long tourist attraction to Panama, but ironically the apartment towers were designed and will be built by the National Tourism Institute's deputy director.
This blog is an account of this biodiversity massacre known as Clayton View, and a warning to you and your friends to not buy an apartment from this project or invest in this project. If you have done so, ask your money back.
Read on, you will see first hand the disaster that is coming to Panama. You can help to stop it.

Our best regards,

From the people who oppose to constructions that will destroy the Biodiversity of Panama and the Americas.