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January 27, 2005

Virginia Lane
Federal Aviation Administration
Orlando Airports District Office
5950 Hazeltine National Drive
Orlando, FL   32822


SUBJECT: Public Comments on Environmental Impact Statement, Panama City-Bay County Airport


Dear Ms Lane:

Please find attached comments submitted by Citizens For the Bay, Inc., a Bay County organization of citizens concerned about the impacts of the proposed airport relocation on our community’s natural resources and economic well being.

If you have any questions regarding these comments, my contact information is provided below.

Sincerely,

DIANE C. BROWN,

Citizens For the Bay
PO Box 19318
Panama City 32417
(850) 234-5071 (voice/fax)


COMMENTS ON DRAFT ENVIRONMENTAL IMPACT STATEMENT

PANAMA CITY-BAY COUNTY AIRPORT

DIANE BROWN

January 28, 2005

This DEIS is not a factual analysis of environmental and economic impact.  It is a marketing tool for the St Joe Company, the primary beneficiary of relocating the currently underutilized airport to the center of the company’s Bay-Walton County land holdings in hopes of enhancing its sale potential.  An unbiased analysis of the DEIS discloses that the purported economic gain from relocating the airport to the sponsor’s preferred site, West Bay, is based solely on the whims and financial strategy of this company.  

A statement in the Summary (pg S-1), second paragraph, The Proposed Project, discloses a total lack of consideration of facts on environmental impacts at the West Bay site; lack of consideration of local communities’ growth management plans; and abhorrent insensitivity to 11,000 Bay County voters (54% of voters who had an opinion) that voted against relocating the airport, and dozens of citizens who have expressed many oral and written concerns about potential adverse impacts, including the indisputable environmental devastation that will occur if the airport is relocated to the sponsor’s preferred site.

“The Airport Sponsor’s proposed new site would accommodate airfield development that has been proposed by the Airport Sponsor for both short-and long-term aviation needs without being constrained by natural or man-made features.”

 

An objective assessment of the alternatives to the West Bay site would confirm the obvious – the environmental and economic impacts of relocating the airport to West Bay are far more costly, in terms of dollars and lost of natural resources, than alleviating any manmade constraints at the current site.  Constraints at the current site can be overcome without the wholesale destruction of natural resources in the heart of the St Andrew Bay watershed. 

 

The DEIS itself references Executive Order 11990 that requires “new construction in wetlands to be avoided to the extent possible….”  There are other acceptable alternatives to destroying 1900 acres of wetlands that have not been equitably evaluated by FAA.  By publishing this DEIS, FAA, a public agency that is supposed to serve the best interest of the public, assumes accountability for the failure to comply with this EO.

 

The physical destruction of natural resources that would occur by the actual airport development is but one problem with relocating to the West Bay.  The DEIS cannot present an accurate analysis of alternatives without including all cumulative impacts that will occur if, as the DEIS claims, commercial, industrial and residential development gravitates to the new airport location in the woods, far removed from government centers and totally lacking in any public facilities and services.  This is sprawl at its grandest. 

It is common knowledge that taxpayer pay for sprawl.  A number of studies have show that residential development does not pay for itself.  The method of paying for public infrastructure and services required to support relocating the airport and cumulative impacts, has not been satisfactorily evaluated.  In stead, the FAA relies on the disputed results of a questionable, privately altered state-developed fiscal impact analysis model presented by a company with an inherent conflict of interest.   The Fishkind Company modified the state development impact analysis model to conclude there would be no public costs associated with West Bay development.  However, the West Bay DSAP (October 2003 version) that included Fishkind findings, states revenues from the development must be supplemented by additional sources.  No nonpublic funding sources have been identified to pay for infrastructure and public services necessitated by relocation of the airport.    

 

The FAA has skewed the findings of environmental impact at the preferred site by deferring consideration of the total impacts at build-out.  This violates the agency’s own rule to consider cumulative and similar actions in environmental impact statements. 

 

The glaring omissions render the DEIS totally without merit in making a determination on how to best serve the public with adequate, safe, convenient, and cost-effective air service.

The following comments relate to titled/numbered paragraphs in the DEIS

.

Induced Socioeconomic (pg S-13)

There is absolutely no proof that a “No-Action Alternative” would result in the loss of potential development and employment opportunities.  This blatantly contrived notion is for the sole purpose of prejudicing the DEIS in favor of the sponsor’s West Bay site.  Further, there is no substantiation that moving the airport will result in more than a minimal increase on-airport jobs (reference Airport DSAP, February 2003) or economic boost.  This is purely a ‘build it and they will come’ proposition which has failed to materialize in other airport relocations in the country, wasting exorbitant amounts of public funds.

 

Water Quality (pg S-14)

Water quality impacts to Goose and Robinson Bayous and North Bay by the minimally expected increase in air traffic will be inconsequential compared to the potential degradation for West Bay by building a new airport on top of the headwaters of Crooked and Burnt Mill Creeks that feed fresh water into West Bay, maintaining the ecological balance of a whole host of ecosystems.

 

The DEIS states approximately 586.7 wetlands would be impacted by runways at the West Bay site but ignores the additional 1300 acres of wetlands that must also be destroyed just to build the airport.

 

Biotic Communities (pg S-16)

The DEIS glances over the potential significant destruction of biotic communities that would occur at and adjacent to the West Bay site, destruction that far outweighs any possible advantage to having a slightly longer runway that could be achieved at the current airport using alternatives that were proposed but not equitably evaluated.  The proposed off-site mitigation parcels offered to replace the 4,000 plus acres of wetlands and lost habitat are insufficient to offset the damage that will be done to the existing biotic communities.

 

2.4.2.2.  Airport Development and Incompatible Land Use

A major fallacy of the DEIS analysis is that it has evaluated the current airport site as it if was a new location, applying illogical standards, biased in favor of the sponsor’s preferred site in West Bay.  The DEIS has backed in to justifying relocation by picking out specific enabling standards and comprehensive planning considerations that will support relocation vice improving the current site.  Analysis of the current site should be done in context of comparison of total impacts, environmentally and economically, between expanding as necessary at the current site and building an entirely new airport in a environmentally sensitive, undeveloped location. 

2.4.2.2.1        Surrounding Incompatible Land Use

The description of supposedly incompatible residential uses is severely exaggerated.  In retrospect, the local governments have realized available land around the airport should have been purchased with the intent of ensuring only compatible uses were developed.  However, the fact this did not happen can be remedied if the case is proven that incompatible land use is, in deed, a problem.  There is no documentation to prove any such problem exists that would warrant the expenditure of potentially half a billion dollars to relocate the airport.

The proximity of subdivisions identified in this paragraph have not resulted in any public safety or health issues, and noise abatement techniques have resolved most complaints.  Impacts to these subdivisions have been minimal, if at all.  There are no traffic impacts to these residential areas, and no aircraft accidents impacting areas beyond the airport property.  In fact, there is no history of any conflicts of aircraft operations with surrounding development.

If at some point in the future, justification is provided to expand the current site, adjacent properties can be purchased at signficantally lower costs than relocating the airport.

The DEIS implies incompatible land uses will continue to increase adjacent to the current airport.  That is not the case.  Table 5-13 indicates both Panama City and Bay County have included provisions in their comprehensive plans that will preclude any further encroachment at the current site.

The DEIS implies residential properties can be built out to as much as 25 units per acre.  Again, an exaggeration.  Claims of this excessive density are represented to be supported by Figure 2-5.  This map inaccurately portrays jurisdictional lines, and is therefore, a biased document that cannot be properly evaluated.  Further, most of the area within a 2-mile radius of the airport property is built out, and at much lower density than 25 units per acre (see below comments).   

The DEIS further claims that growth in Bay County is projected to concentrate in western Bay County.  This contention is disputable.  The land in the western portion of unincorporated Bay County is in the “Beaches Special Treatment Zone,” and, due to exposure to tropical storms, a has density limitation.  But again, much of this land is built out.  The undeveloped land in western Bay County contains considerable amounts of wetlands and floodplains and is unsuitable for extensive development.  Development that is occurring is geared toward tourists who drive from surrounding areas and not industry that is the primary basis for relocation.  .

The St Joe Company, being the primary landowner in the western end of the County, would also be the benefactor from relocating the airport to the proximate center of its land holdings.  The development pattern of this company in this area has been geared toward of seasonal dwellings and buyers who would be only occasional air travelers.  It is more realistic to conclude future growth, especially commercial/industrial, will occur to the northeast area of the County via US Hwy 231 that provides a direct link to Interstate 10.  Growth patterns for industrial facilities would indicate a more suitable site for relocating the airport, if the need should ever arise, would be to the northeast, vice to the wetlands of West Bay. 

2.4.4        Develop for Consistency with Local Planning Objectives.

The DEIS states that Bay County’s long- range planning would be compatible with the airport relocation.  The County’s long-range planning does not lock in an airport in the West Bay area but would also be compatible with maintaining the airport at its current site or anywhere else in Bay County or, for example, in a more regionalized site to the northeast in the quad-county area of Bay, Washington, Calhoun and Jackson.  Such a location serving a much larger, year-round constituency, with more direct automobile access, was not even considered in the DEIS, but it offers a much less environmentally damaging alternative to the preferred West Bay location.

The FAA has relied heavily on Bay County’s sector planning process to justify relocating the airport to land belonging to the St Joe Company within the sector plan area.  Contrary to the sway of this paragraph, the County did not initiate studies for the West Bay Sector Plan that happen to accommodate relocation of the airport.  The sponsor’s desire to relocate the airport to the St Joe Company property drove the need for long-range planning in the West Bay area, ostensibly to protect the ecologically sensitive area.  Had the sponsor and the St Joe Company not chosen this West Bay site for relocation, it is most probable, the County would not have contemplated the proposed accompanying massive industrial complex in the West Bay area, which is the heart of the St Andrew Bay watershed and the County’s rural community.

It is feasible the sector plan area could accommodate an airport when the need arises, but not in the preferred site and not for the foreseeable future.  In deed, the sponsors’ relocation plans are inconsistent with the optional sector plan statute, Chapter 163, Florida Statutes, ss 163.3245.  Primary goals of sector planning as indicated in 163.3245(3) (a)4, are to restore key ecosystems, achieve a more clean, healthy environment, limit urban sprawl, and protect wildlife and natural areas.   Relocating the airport into the undeveloped, unserviced, ecologically sensitive West Bay area, with the intent of destroying in excess of 4,000 acres of wetlands, habitat, and wildlife, seriously conflicts with the intent of the sector planning law.  Additional conflicts with the sector plan element of the Bay County Comprehensive Plan are addressed below. 

The DEIS indicates the Airport Detailed Specific Area Plan (DSAP) is based on a 20-year planning period for the relocated airport.  This period is considerably insufficient to analyze the feasibility and total cumulative impacts of the West Bay site.

The DEIS implies the airport will be supported by growth in the West Bay DSAP, however, the DEIS indicates only a small portion of the DSAP, Phase I, is planned for development within the sponsor’s identified time-frame of 20 years. 

“Phase I addresses development over a 20-6ear period that would occur within the West Bay DSAP.  Phase II of the West Bay DSAP addresses developments that would occur beyond the 2023 timeframe.”

Phase I development consists of a 650-unit “river-camp” development (implying part-time occupancy), a hotel, and supporting commercial facilities, hardly enough to warrant the half billion dollar relocation of the airport.  Furthermore, the growth projections are based on the marketing decisions of one landowner – the St Joe Company, who cannot be required to develop any of its property in the West Bay DSAP.

The DEIS is replete with superfluous verbiage aimed at supporting relocating the airport to the St Joe Company property.  “Through the sector planning process, goals for land use, environment, and transportation have been established for PFN and future development within a 75,000-acre region.  The wide range of goals are indicative of the long-term opportunity that is available should the existing PFM be relocated to West Bay Area.”  There is no such planning assessment for other alternatives.

It should be noted for investigation, these references to the sponsor’s expenditure of time and effort on the West Bay site, and particularly that goals have already been established for PFN within the sector planning area, bringing into question both the sponsor’s and FAA’s objectivity in preparing the EIS, as well as potential waste of public funds based on a premature assumption the EIS would find relocation to the site on the St Joe Company land would be the least environmentally damaging, all other factors considered.

4.3   Compatible Land Uses

Whereas the DEIS emphasizes potential compatibility issues with the current site and surrounding land uses, it does not address the incompatibility of building an airport/industrial complex in the West Bay site with the surrounding ecologically sensitive areas, including the County-identified Ecosystem Management Area. and location of listed species.

See comments at 5.3.2

4.3.3.2 West Bay Site

This paragraph misidentifies this area as “Urban.”  The correct identification is “Rural” service area as described in the comprehensive plan and indicating limited density and limited public services.  This misidentification would give a reviewer who is unfamiliar with the area the impression public services are available, and would preclude disclosure that there are no central wastewater or water treatment facilities in the area, no other public facilities or services, and that the only access road is woefully inadequate and in need of multi-million dollar improvements.  These are all economic impacts previously documented by the sponsor and the same consultants who participated in this DEIS and that should be fairly considered in this document. 

4.3.5        Local Plans

“Local plans provide the framework for future land uses and development within Panama City and Bay County.  An overview of those plans will provide a basis for assessing their compatibility with the proposed alternatives.” 

See comments at 5.3.2.

4.3.5.1  Existing site

The statement, “The Bay County Future Land Use Map indicates that the unincorporated area to the south and west of the airport is designated as Urban Residential, allowing residential densities of up to 25 dwelling units per acre” is patently false.  The implication that extensively more residential dwellings will be added to encroach on the existing airport is blatantly misleading.  This land, which is mostly built out, is zoned R-1 with a density limit of up to   EIGHT (8) units per acre (Exhibits 1 and 2).  The zoning/density limitations combined with the airport–related comprehensive plan restrictions on adjacent land use, eliminate the concerns of any further encroachment on the current airport site.

The DEIS repeatedly claims there is a shortage of land designated for industrial/commercial use.  The following chart taken from ‘Florida’s Great Northwest’ website shows over 340 acres are available for development in close proximity to various transportation modes and, for the most part, away from environmentally sensitive lands.

26 site(s) matched your search criteria.

Site Name

City

County

Avail. Acreage

Total Acreage

Rail

Zoning

3.9 Acres in Callaway

Panama City

Bay

> 1 mile

Commercial

4 Acres in Beach Commerce Park

Panama City Beach

Bay

> 1 mile

Commercial

4 Acres on Back Beach Road

Panama City Beach

Bay

> 1 mile

Commercial

4 Acres on Hwy 22

Panama City

Bay

> 1 mile

Commercial

4 Acres on Hwy 231

Panama City

Bay

> 1 mile

Commercial

4 on Panama City Beach

Panama City Beach

Bay

> 1 mile

Commercial

4.09 Acres on Panama City Beach

Panama City Beach

Bay

> 1 mile

Commercial

4.12 Acres

Lynn Haven

Bay

> 1 mile

Commercial

4.13 Acres on Baldwin Road

Panama City

Bay

> 1 mile

Commercial

4.2 Acres in Beach Commerce Park

Panama City Beach

Bay

> 1 mile

Commercial

4.2 Acres in Beach Commerce Park

Panama City Beach

Bay

> 1 mile

Commercial

4.4 Acres in Beach Commerce Park

Panama City Beach

Bay

> 1 mile

Commercial

4.6 Acres in Beach Commerce Park

Panama City Beach

Bay

> 1 mile

Commercial

4.7 Acres Contiguous to Panama City

Lynn Haven

Bay

> 1 mile

Commercial

4.96 Acres Hwy 98 to Transmitter

Panama City

Bay

> 1 mile

Commercial

5 Acres Across from Bay Industrial Park

Panama City

Bay

Adjacent Track

Commercial

5.2 Acres on Griffin Blvd.

Panama City Beach

Bay

> 1 mile

Light Industrial

BCIP Phase 1

Panama City

Bay

300 

Industrial

Commercial Building Pads

Panama City Beach

Bay

> 1 mile

Commercial

Development Opportunity

Lynn Haven

Bay

10 

10 

> 1 mile

Commercial

Hugh Nelson IP

Panama City

Bay

90 

193 

> 1 mile

Industrial

Jenks Avenue

Lynn Haven

Bay

10 

10 

Commercial

Lynn Haven Industrial Park

Panama City

Bay

105 

> 1 mile

Industrial

Multi-Family Development

Panama City

Bay

< 1 mile

Residential

Port of Panama City IP

Panama City

Bay

125 

< 500ft

Industrial

Steam Plant Road Site

Lynn Haven

Bay

156 

156 

> 1 mile

Industrial

SOURCE:  www.floridasgreatnorthwest.com

 


4.3.5.2    West Bay Site

The DEIS inaccurately states Bay County prepared the West Bay Areas Vision Sector Plan is incorrect.  The document was prepared by the St Joe Company and its consultants who accomplished the supporting studies and analyses, hardly an unbiased analysis of the location of the airport that best suits the public interests.

4.8.3.2   There does not appear to be any analysis in the DEIS of seasonal distribution of surface

water, which if altered by building the airport on top of headwaters of Crooked and Burnt Mill Creeks, could adversely impact the creeks and St Andrew Bay.

 

4.10.3.4   States detailed vegetative surveys (and wildlife habitat?) have not been conducted on the wetland mitigation parcels.  If the FAA doesn’t know what is there, how can they evaluate its benefit as mitigation land in conjunction with the overall assessment of the impacts of relocating into West Bay?

4.12   Endangered and Threatened Species

Field Reconnaissance Methodology

Field surveys were incomplete.  No surveys were conducted for the entire season from May through much of August that would provide vital information.

4.12.1.2   West Bay Site [Endangered and Threatened Species Study Area]

FAA rules require the DEIS to consider cumulative impacts.  As described in this paragraph, cumulative impacts were not considered or included in the DEIS which conflicts with FAA’s own rules.  Species surveys should be conducted for the entire airport area at build out and include the 10,000 perimeter that must be cleared of wildlife attractors, plus immediately adjacent land (Ecosystem management Area) that could be impacted by build-out.

 

Table 4-15

The Eastern Indigo Snake is listed as Threatened by both Federal and State governments.  For the West Bay site, this table shows this species as having “Low” likelihood of occurrence and there is no notation on habitat.  Information in the Airport DSAP (February 2003) shows results from a March-April 2001 survey stating occurrence likelihood is “Very High” and there is “Ample suitable habitat.”


Table 4-17  

Identifies 10 federal and/or state listed species but 5.12.1.3  states no federally listed flora or fauna was documented in the West Bay study area and no critical habitat for listed species has been identified within the study area.  .

5.3.2   Compatibility with Existing Plans

The DEIS gives an incomplete and inaccurate assessment of compatibility of various alternatives with existing local government comprehensive plans in a manner that portrays the preferred site in the best light.

 

Table 5-13 considers a limited number of comprehensive plan goals, objectives, and policies, while overlooking numerous other provisions that directly impact the decision to relocate the airport to West Bay.  For comparison between alternatives, provisions have been selectively chosen rather than considering the plan in entirety as they reflect the overall growth policies of the County. 

There appear to be a number of objectives and policies of the Bay County Comprehensive Plan that are not consistent with relocating the airport to the sponsor’s preferred site, and that favor making improvements at the current site.  The following goals, policies and objectives are taken from the Bay County Comprehensive Plan.  Comments are in Italics.  Narratives underscored for emphasis.

 

CHAPTER 2   ECONOMIC DEVELOPMENT ELEMENT

General Strategy

The general strategy for this element is for the Board to focus upon those programs and activities that are under their jurisdiction and control.  These include: * Promoting commercial and industrial growth in existing or underutilized industrial or commercial parks;

Policy 2.1.2: General criteria for the designation of industrial land uses on the FLUM include:

1. Existing industrial or commerce parks;

2. Availability of public or private utilities;

3. Proximity to major highway access and/or rail access;

6. Minimal impact on locally significant environmental resources.

COMMENT:   These criteria are inconsistent with relocating the airport to the West Bay site to facilitate conversion of additional land to industrial us.   There are existing industrial and commerce areas to be developed (see below data); the West Bay site does not have major highway access or rail access; development of the airport and accompanying industrial development will significantly impact thousands of acres of natural resources.

Policy 2.1.3: General criteria for the designation of commercial land uses on the FLUM include:

3. Location in areas that are used primarily for commercial purposes;

5. Minimal impact upon locally significant environmental resources.

COMMENT:  See above comments.

Policy 2.1.4:  Industrial or commerce parks may be located in urban, suburban, or rural service areas when level of service standards are met.

COMMENT:  There are no public services at the sponsor’s preferred site:   No water or wastewater treatment facilities; the road is inadequate, the worst in the county; there is no fire fighting services for airport structural fires; offsite emergency medical facilities are none existent; inadequate coverage by police.  All these claims are supported by documentation submitted to the County Planning Commission by the Airport Authority.

Objective 2.4:  Promote the growth and development of existing industrial or commerce parks.

Policy 2.4.1:  New industrial growth shall be encouraged to use existing or underutilized industrial or commerce parks unless circumstances exist that would preclude such location.

Policy 2.4.2:  Where possible, new industrial growth should occur in publicly funded industrial or commerce parks in order to recapture public investment.

COMMENT:  There is no publicly owned land in the West Bay area.  Economic development under relocation to West Bay is totally dependent on the marketing plans of a single landowner.

Policy 2.4.3:  The Board shall not approve amendments to the FLUM that will create industrial land uses outside of existing industrial or commerce parks unless it can be demonstrated that a bona fide need

exists for such industrial land use.

Public Policy:  Fully utilize existing facilities and resources, and promote return on public investment (s.125.045, F.S.)

COMMENT:   With 340 acres currently unutilized in Panama City and Bay County (see data below), there is no bona fide need to designate additional land in West Bay.  

Objective 2.7:  Maintain and improve the County’s tourism and “eco-tourism” industry.

Policy 2.7.1:  The Board shall use policies set forth in the Coastal Management and Conservation Elements of this Plan to conserve and protect those natural resources that form the basis of the tourist

industry.

Performance Measure: Maintenance of high-quality natural resources.

COMMENT:  Relocating the airport into West Bay and the accompanying development will have severe direct and cumulative impacts to the St Andrew Bay watershed and major ecosystems.   

Objective 2.8: Retain and increase Department of Defense presence in Bay County

Objective 2.9: Maintain the paper products and timber-related components of the Bay County economy.

Policy 2.9.1: The Board shall maintain an adequate amount of land designated on the FLUM for silviculture purposes.

COMMENT:  Relocation to West Bay will require destruction of 4,000 acres of land currently used for silivicuture.

CHAPTER 3 FUTURE LAND USE ELEMENT

COMMENT:  The proposed site is literally in the middle of hundreds of acres of undeveloped land, mostly wetlands.  There are no public facilities or services in the area.  The single “minor arterial” road serving the site is a narrow paved road that County staff has said is the worst in the county and will cost millions to widen and resurface, including widening two bridges.  Relocating the airport will create sprawl, burden the taxpayers with massive costs for infrastructure, and degrade and destroy large amounts of natural resources and wildlife—all inconsistent with specific goals, objectives of policies.

Goal Statement

 

The goals of the Board relative to land development and future land use include:   to promote an orderly and efficient pattern of growth and development; to promote the efficient and effective delivery of public facilities and services; to promote compatibility between land uses….to protect valuable natural resources, and; to generally promote, protect and improve the public health, safety, comfort, good order, appearance and general welfare of the community.

 

Vision

.

We will develop efficient and effective infrastructure that promotes economic development and enhances the environment, quality of life, and aesthetics.

Goal Statement

* Establish and use best development practices to promote quality development projects.

Policy 3.2.1: ….The FLUM and any subsequent FLUM amendments shall be created and maintained based on the following criteria to the greatest extent possible:

3. Appropriate site conditions;

4. Compatibility between land uses;

5. Consistency with this Comprehensive Plan;

6. Availability of infrastructure facilities and

services;

      7. Protection of natural and historic resources.

Policy 3.2.3: For growth management and service delivery purposes the County shall be divided into “Service Areas” which will include:

1. Urban Service Area;

2. Suburban Service Area, and;

3. Rural Service Area.

These service areas will be designated on the Official Future Land Use Map Series to promote “Wide Open Spaces.”

Policy 3.2.5: In addition to the land use categories identified in Policy 3.2.4 the following “Special Treatment Zones” shall be designated as overlays on the Official Future Land Use Map Series, and are shown on the Special Treatment Zone Map found in this Element:

4. Rural Communities;

5. Ecosystem Management Areas.

COMMENT:   The proposed airport site is surrounded on the east, west, and south by an Ecosystem Management Area.  There is no guarantee the planned destruction of wetlands and the hydrological impacts will not severely damage the EMA. 

Policy 3.4.4:  Rural Communities Special Treatment Zones. The County shall discourage urban sprawl and promote compact development and conservation of working landscapes through techniques

such as the designation of appropriate agricultural areas with suitable densities to preserve agricultural activities, including timber production, and the rural character of these areas….

Policy 3.6.1. …Land development regulations shall contain specific and detailed provisions necessary or desirable to implement this plan….

5. Ensure the protection of environmentally sensitive lands designated in the comprehensive plan;

7. Provide that public facilities and services meet or exceed the standards established in the capital improvements element required by s.163.3177 and are available when needed for the development, or that development orders and permits are conditioned on the availability of these

public facilities and services necessary to serve the proposed development.

Policy 3.7.1: The County will adopt and administer a zoning code that will identify and delineate zoning districts.

2. The [zoning] district must be in conformity with surrounding land uses and the general

character of the area and may require less density, intensity, height or other standard found in this Plan when considered necessary to preserve the integrity of the district.

7. District boundary lines shall be drawn so as to minimize the potential for nuisances caused by incompatible land uses.

COMMENT:  Underlying land uses in the West Bay area are “Conservation.”  Creeks are “Preservation.”  An airport and industrial use are not compatible with conservation and preservation uses as defined in the comprehensive plan.

Objective 3.9:  All proposed land uses shall be compatible with adjacent conforming land uses.

Policy 3.9.1:  For purposes of this Plan, “compatibility” means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or

condition is unduly negatively impacted directly or indirectly by another use or condition (Rule 9J-5.003(23), FAC).

COMMENT:  An airport and related industrial uses is incompatibly with existing conservation/preservation uses as defined in the comprehensive plan.  

Objective 3.11.: Use established “Best Management Practices” in the formulation of land development regulations, for development review purposes, and for promoting quality development projects in Bay County.

Policy 3.11.1: The County will use the concepts and recommendations found in Best Development Practices-Doing the Right Thing and Making Money at the Same Time, DCA, 1995 to promote quality

development projects.

Policy 3.11.4  
1. Keep vehicle miles of travel (VMT) below the area average.

COMMENT:  Relocation of the airport will add approximately 25 miles one way for the average airport user. 

2. Channel development into areas that are already disturbed.

3. Preserve patches of high-quality habitat, as large and circular as possible, feathered at the edges, and connected by wildlife corridors.

4. Design around significant wetlands.

5. Establish upland buffers around all retained wetlands and natural water bodies.

6. Preserve significant uplands, too.

7. Restore and enhance ecological functions damaged by prior site activities.

COMMENT:  Relocating the airport to West Bay is inconsistent with each of above provisions.    

Best Housing Practices

6. Supply affordable multifamily and accessory housing for low-income households.

COMMENT:  The Airport Authority has no plans to study the need for affordable housing for many years into the development, requiring workers to commute from areas of affordable housing. 

Chapter 4 Transportation Element

Objective 4.13: Eliminate incompatible land uses and prohibit airport hazards in the vicinity of airports and landing fields.

Objective 4.14: Control and restrict the siting of airports and landing fields so as to minimize potential aircraft hazards.

Public Purpose: To ensure that airports are sited so as to minimize land use conflicts and promote safe aviation operations (s.330.30,F.S.).

COMMENT:  Relocating the airport to West Bay is inconsistent with these objectives and public purpose.  Airport and industrial uses are not compatible with the fragile ecosystems in the West Bay area, including Burnt Mill and Crooked Creeks.  The proposed site contains critical habitat of listed species.  Location in this site will require destruction of large areas (10,000 foot perimeter) of wildlife and their habitat considered “attractant.” 

SECTION 5B - WASEWATER SUB-ELEMENT

Objective 5B.7:  Use the land use categories and attendant densities/intensities of use found

in the Future Land Use Element to control development in rural areas that are not targeted for sewer service during the planning timeframe.

COMMENT:  The land in the West Bay area has underlying uses with very low density. 

            Conservation/Rural                     1 dwelling unit per 10 acres

Agriculture/Timberland              1 dwelling unit per 20 acres

 

CHAPTER 6 CONSERVATION ELEMENT

COMMENT:  Destruction of thousands of acres of wildlife habitat and natural resources is not consistent with provisions of this chapter.

Goal Statement

The goal of this element is to achieve a balanced program of environmental protection and economic development; ensure that the quality of environmental resources is maintained or improved during

the planning timeframe; to protect and conserve valuable natural resources; maintain a healthy economy by ensuring the continuing viability of natural systems; protect the quality of life County residents and visitors have come to expect; promote the conservation and pollution abatement policies of the State as established by general law, and; support the vision and strategies set forth in the Bay County Vision

Statement.

Vision

We will have a safe, healthy and family oriented community with self-sufficient, involved people and appropriate infrastructure to enhance its beauty, natural resources and environment.

General Strategy 

The general strategy for conserving important natural resources in Bay County is to view the environment as an economic asset that is vital to this area’s economy and quality of life which, if not maintained in

a healthy condition, can cause missed opportunities for new industry, loss of existing industry and defense-related jobs, loss of natural resource-based jobs, reduction in property values, increased

costs of providing infrastructure services, and decline of the community in general.  This strategy is predicated upon implementing reasonable regulations based on identifiable public purposes that have

been established as state policy by the Legislature. Simply stated, the strategy set forth herein is intended to provide a balanced program of regulations to prevent future environmental problems and capital

improvement projects intended to solve existing deficiencies and problems. This can be accomplished by identifying those resources that merit special protection and the implementation of regulatory, improvement, or acquisition programs intended to protect and conserve these resources.

The Board of County Commissioners declares that the protection and conservation of significant natural

resources promotes a public purpose and supports declared policies of the State. To this end, the Board does hereby establish the following objectives. The Board does hereby establish the following policies as the means for achieving its stated objectives. Each policy corresponds directly to a stated objective.

The following are public purpose(s) and performance measures applicable to each objective.

Objective 6.2: Identify and designate locally significant natural resources.

Policy 6.2.1: Locally significant natural resources are as follows:

2.  All water of the state and lands lying there under, including seagrass beds;

4. Designated Ecosystem Management Areas;

5. Designated Habitat Conservation Areas;

8. Wetlands;

13. Known habitat of threatened or endangered species;

Objective 6.5: Maintain or improve estuarine water quality consistent with state water quality standards.

4. Providing central sewer to those coastal

5. Restricting development in designated Ecosystem Management Areas.

Policy 6.5.2: The County will protect seagrass beds in those areas under county

PM: The extent to which coastal resources are conserved in Ecosystem Management Areas.

PP: Protect and restore long-term productivity of marine fisheries habitat and aquatic resources [s.373.461, 187.201(9), F.S.].

Policy 6.7.1: The County will use designated Ecosystem Management Areas as a means for the conservation of natural systems.

Policy 6.7.2: Ecosystem Management Areas are considered “Special Treatment Zones” in which extraordinary regulatory standards may be applied to protect natural resources.

Policy 6.7.3: The following areas or resources will be included in Ecosystem Management Areas: Undeveloped, unplatted land in the Rural or Suburban Service Areas adjacent to Class II waters and Outstanding Florida Waters, tributaries and headwaters thereto.

Public Purpose: Provide for the maintenance and where possible, acquisition, of ecologically intact ecosystems [s.403.021, 403.075, 373.451, 187.201(10), F.S.].

Policy 6.7.5: The County will target critical habitat areas within Ecosystem Management Areas for land acquisition using federal, state and or local dollars.

Public Purpose: Preserve habitat areas so as to maintain their environmental values [s.187.201 (10), F.S.].

Policy 6.7.6: The County will encourage and support the preservation and acquisition of lands within Ecosystem Management Areas for mitigation or mitigation banking purposes.

Objective 6.8: Identify and protect strategic habitat areas using the Closing the Gaps in Florida’s Habitat Conservation System (1994) publication.

Public Policy: Conserve and protect habitat areas of rare, threatened or endangered species [s.372.072, 187.201(10),F.S.].

 Objective 6.11: Protect and conserve wetlands and the natural functions of wetlands.

Policy 6.11.3: The County will employ the following measures to protect and conserve wetlands.

1. Wetlands will be delineated and depicted on all site plans included in applications for

development approval.

2. Developers will design and construct development projects so as to avoid activities that would destroy wetlands or the natural functions of wetlands.

Policy 6.16.3: Developers of land within Critical Habitat Areas will be required to preserve those vegetative communities that are critical to continuation of the habitat.

Objective 6.17: Identify and classify areas to be designated for conservation purposes on the Future Land Use Map (FLUM).

Policy 6.17.1: Conservation designations to be shown on the FLUM include: Preservation; Conservation, and; Conservation/Recreation.

Public Purpose: Protect and conserve locally significant natural resources as well as resources

recognized to be of statewide importance so as to promote the health, safety, and welfare of the general public [s.187.201(8)(9)(10),F.S.].

Policy 6.17.2: The Preservation designation is intended to ensure that protected resources are preserved essentially in a natural condition with very limited alteration. Areas or resources to designated as Preservation include:

1. Outstanding Florida Waters, Class I and

II waters;          

2. Major tributaries that flow into estuarine

waters;

4. Government owned lands used for

preservation purposes                                  

5. Seagrass beds, and;

Policy 6.17.3: The Conservation designation is intended to provide for conservation with appropriate use through regulations that will minimize damage to natural resources. Areas or resources to be designated as Conservation include:

1. Ecosystem Management Area

2. Habitat Conservation Areas;

3. Government-owned or leased lands used for conservation purposes, and;                

Chapter 8, Housing Element

Objective 8.7: Provide for the location of affordable housing, including manufactured housing, in residential land use districts while avoiding undue concentrations of affordable housing in any particular

geographic area.

Policy 8.7.1: Affordable housing (as the term “affordable” is defined by s.420.9071,F.S. shall be allowed in all residential land use districts when the type of residential structure complies with the allowable uses

for that district. These areas will be designated in such a way as to avoid undue concentrations of affordable housing in any one geographic area.

Public Policy: Provide an adequate supply of decent, safe and sanitary affordable housing [s.163.3177(6)(f), 420.6015,F.S.].

CHAPTER 11 CAPITAL IMPROVEMENTS ELEMENT

Policy 11.4.1: The Board will use the “Wide Open Spaces” strategy described in the Future

Land Use Element as the means for providing public facilities and services in Urban, Suburban, and Rural Service Areas.

Policy 11.4.2: The Board will use the Future Land Use Element of this Plan and attendant land use controls to direct growth into these areas where services and facilities can be provided in an efficient and effective manner.

Policy 11.4.3: All applications for development approval will be evaluated with regard to the availability of facilities and services required to accommodate the proposed development.

Public Policy: Promote development and redevelopment activities which encourage efficient development and occur in areas which will have the capacity to service new population and commerce [s.187.201(16), F.S.].
CHAPTER 12  SECTOR PLAN ELEMENT

COMMENT:  It is clearly demonstrated that a major goal of the sector planning process is protection of natural resources.  Relocation of the airport to the sponsor’s preferred site in the sector planning area is inconsistent with the objectives and policies of the comprehensive plan.

OBJECTIVE 12.4:  Promote the development and use of lands in a manner that is sensitive to environmental constraints including, but not limited to, poor soil conditions, flood hazards, bay and tributary buffers, Strategic Habitat Areas, as described in Section 6 of this Plan, and wildlife habitat suitability.

Policy 12.4 The Sector Planning Process will identify, which each DSAP, how development may be located in order to avoid and minimize potential impacts to natural resources.

COMMENT:  Because of the massive destruction of natural resources including wildlife habitat, relocating the airport into the sector plan area conflicts with the requirements to protect natural resources.

Objective 12.4.1:  Ensure the protection of the water quality of West Bay and its tributaries.

Policy 12.4.1   DSAPs within the sector plan shall identify and provide for protection of existing ecological systems within the sector planning area.

Objective 12.4.4:  To conserve and protect valuable ecosystems and to reduce the potential threat to life and property resulting from coastal storms.

Policy 12.4.12:  Each DSAP within the planning area shall identify and provide for protection of existing ecological systems within the planning area. 

Policy 12.4.14 Conservation and/or preservation buffers shall be established, as appropriate, from the boundaries of Pin Log State Forest in order to eliminate or reduce the possibility of major land management changes relating to prescribed burning.

COMMENT:  The sponsor intends to provide a one-mile buffer between the airport site and Pine Log State Forest.  This buffer is totally insufficient to protect public safety during prescribed burning of the forests, which can create significant hazards for air traffic.

SECTION 12A AIRPORT SUBELEMENT

12A.2.f. The proposed airport shall be located over five miles from the Steelfield Landfill, a wildlife attractor, as required by FAA regulations to ensure safe movement of aircraft while on approach to the airport and on the ground. (12.9.3.a.1)</