Last month, Mayor Donna Deegan signed into law new legislation that provides added protection for zoning overlays and the framework by which new overlays can be created.
With the Zoning Overlay Protection Bill now passed, a majority-plus-one vote of the full council (11 votes) will be required to pass a Planned Unit Development (PUD) rezoning application that would supersede a zoning overlay or create a new overlay.
Deegan held a signing ceremony on Monday, Nov. 18 for Bill 2024-0373, joined by City Councilmembers Matt Carlucci, Joe Carlucci, Michael Boylan and Tyrona Clark-Murray.
“We have overlays for a reason; it should be harder to overturn an overlay,” Deegan said. “My administration, the city council have a shared belief that smart growth and development are really good for our city.”
A majority-plus-one vote
The bill passed with a 10-9 vote at the Nov. 12 city council meeting with council members Kevin Carrico, Raul Arias, Rory Diamond, Terrance Freeman, Nick Howland, Rahman Johnson, Will Lahnen, Chris Miller and Ron Salem opposing.
The passage did not come without amendments to the bill, a pair of public meetings and heavy debate, however, as it progressed through committee. Bill sponsor Matt Carlucci originally proposed a two-thirds supermajority vote to break an overlay, but that was met with heavy opposition. Among the concerns expressed by other council members was that the bill would restrict council’s legislative powers and show preferential treatment for neighborhoods in which overlays exist.
As a compromise to two-thirds vote opposition, Joe Carlucci introduced the full council majority-plus-one amendment, which is not without precedent for the city.
“At first I wasn’t sure that would be the route to go because we’d be kind of inventing a new majority type of requirement on legislation, but there’s two others, at least,” said Matt Carlucci.
Strong community input
The bill also saw strong community feedback, both in support and opposition. Austin Nicklas, director of government affairs and YPG liaison with the Northeast Florida Builders Association (NEFBA), urged committee members to vote down the bill at the Oct. 15 Land, Use and Zoning (LUZ) committee meeting.
“We believe adding another impediment like this could potentially hurt investment and discourage projects in Jacksonville,” Nicklas said at the LUZ meeting. “The current system for project approval is already complex and difficult without adding more requirements.”
The bill also saw strong support from neighborhood organizations like the San Marco Preservation Society (SMPS), with emeritus director Linzee Ott speaking in support at that same meeting, and Riverside Avondale Preservation (RAP).
In a resolution supporting the bill, the RAP Board of Directors stated, in part, “Strengthening our historic overlay is critical to maintaining the character of our unique neighborhood…Our overlays serve as a collaborative tool to retain and enrich our neighborhood character, fortify real estate value, attract small business and encourage smart development.”
“I think the [majority-plus-one vote] is a good compromise that strengthens our historic overlay,” said Shannon Blankinship, RAP executive director.
NEFBA declined to comment on the bill’s passage.
Overlays in Jacksonville
There are currently 11 overlays throughout Duval County, each with their own purposes and approaches. Specific to our Resident News readership are the Downtown, San Marco and Riverside/Avondale zoning overlays. The Downtown Overlay’s purpose is to “promote and encourage the revitalization and growth of downtown as a desirable, high density, mixed-use area.” The purposes of the San Marco and Riverside/Avondale overlays focus on preserving the historical integrity, economic vitality, character and aesthetic appeal of the two communities.
