With the clock ticking to put all the pieces together for the proposed Jackson Lab development near Ave Maria, the Collier County Commissioners determined Tuesday that an arbitrator would decide a question regarding the number of votes that are needed for the commission to approve a required zoning change.
The change itself involves an application by the developers to move the location of 50 acres of commercially-zoned property that is within the boundaries of the overall Ave Maria site plan known as a Stewardship Land Receiving Area. Details of the application are in a previous Ave Herald story here.
The county planning commission was scheduled to hold a hearing on the application last week, but rescheduled the hearing for its next meeting Dec. 2.
After the hearing, the matter would go before the Board of County Commissioners and the issue that the arbitrator will decide is whether a simple majority of the five-member board can approve the change or whether a "super-majority" of four votes in favor is needed. Typical zoning matters require a super-majority, but landowners in the Ave Maria area are arguing that there is no actual change in zoning, just a relocation of previously commercially-zoned land, and that modifications like this within a Stewardship Receiving Area do not require a super-majority.
The commissioners heard Tuesday that the arbitrator could render a decision in time for the board's Dec. 14 meeting at which other matters related to the Jackson Lab project are likely to be heard. The question of how many votes are neededmatters now because by the Dec. 14 meeting, the composition of the board will change when recently-elected Georgia Hiller fills the seat currently held by Frank Halas. If just three votes are needed, then the change would likely be approved easily. Ms. Hiller, however, is more skeptical of the Jackson Lab project and if a super-majority were required, then she and commissioner Tom Henning could potentially block the change.