Planning Commission Approves Ave Maria Zoning Change
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Published on Thursday, 02 December 2010 19:12
The Collier County Planning Commission voted Thursday to approve changes in zoning and road access that are required for the proposed Jackson Lab project. More than a dozen Ave Maria residents spoke both in opposition and in favor of the project at the commission's meeting.
The change now requires approval by the county commissioners, who are scheduled to consider it at their Dec. 14 meeting.
In all, 15 Ave Maria residents spoke at the hearing, with two-thirds of them voicing opposition to the project, mostly for moral, religious and financial reasons that are outside the scope of the planning commission's purview. Commission Chairman Mark Strain reminded the meeting that the commission could make decisions only on the basis of technical matters relating to planning and land use. "I don't disagree with some of the things said today," he said, "but our hands are tied."
Elizabeth Baucom of Emerson Park also expressed reservations about the type of businesses that might also locate at the site, and how commercial development there might impact the businesses that are already established in the Ave Maria town center. Some members of the planning commission said they also were concerned about other potential commercial uses for the land.
"If Jackson Lab did not happen, I would not want to see a shopping center there," said Commissioner Brad Schiffer.
Local businessman Michael Mastandrea , however, said he was not worried. "My wife and I own two businesses in the town center, and I don't see it as a threat," he said, adding that he and his wife "fully support the rezoning and have complete trust in the developer."
Commissioner Robert Murray, who made the motion to approve the changes, said he understood some of the concerns but that there was "no reason for the developers to do something that would destroy the town."
Technically, what the planning commission approved was splitting an undeveloped area in the Ave Maria district known as "town center 2" into two pieces, with 50 of the area's 158 acres becoming "town center 2a" and being relocated from their current position near Camp Keias Rd. and Pope John Paul II Blvd. to a site on Oil Well Rd. west of the main entrance to Ave Maria. (For a full explanation and maps showing this change, see a previous Ave Herald story here.) In response to a question from Commissioner Strain, the county planners said that if no zoning change were made, the Jackson Lab could move to either the existing "town center 2" or "town center 3" -- by the Park of Commerce -- with no approvals needed by any planning authority.
The planning commission hearing was just one of a number of matters that will need to be resolved for the project to proceed.
The county commissioners need to approve the zoning change and it is still unclear whether a "supermajority" vote of four of the five commissioners is necessary, or whether the change can be approved by a simple 3-2 majority. The commissioners agreed at their last meeting to hire an arbitrator to decide that issue, and although the arbitrator said he could have a decision in time for the Dec. 14 meeting, Naples biomedical company Arthrex has filed suit to stop the arbitration process. A decision by the arbitrator could also be appealed by area landowners.
Arthrex has also sued against the county's request for court approval to issue $130 million in general revenue bonds to finance its share of the Jackson Lab project.
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