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The New Smyrna Beach Historic Preservation Commission – What Are They Up To?

Member Roster Serving on the HPC. Member Roster

Historic District Overlay Map Canal Street Area.  MAP

Historic District Overlay Map for Flagler Avenue.  MAP

The NSB Alliance’s Position On the Proposed Changes to Chapter 50 (Historic Preservation), Land Development Regulations (LDR’s), and the creation of a Local Historic District.

Here is the NSB Planning Department Document Regarding Multiple Amendments to Section 504.02 Of The City Land Development Regulations. “Click Here”

See What Channel 9 WFTV Said About This “Click Here”

See what residents are saying about these proposed changes “Click Here” and “Click Here”

Carrie Avallone – NSB’s City Attorney Is Worried About Lawsuit Exposure from these proposed changes. See what she has to say “Click Here”

City Commissioners Discuss The Historic Overlay And Chapter 50 “Click Here”

First a little history! Twice before the residents’ who reside within the Historic District have voted down proposed changes to Historic District Guidelines and have said NO to the proposed Overlay. As a direct result of this No Vote, our local organization the “NSB Alliance” is concerned about a 3rd that is approaching the City Commission. One questions we have is why spend the time and money necessary to execute another vote when the City Commission has many other urgent priorities.

The Alliance has created a fact sheet that will clear the air of any mis-information that is circulating among residents within our community. The source of this mis-information is a well known and funded group of politically active individuals whom many of do not even live in the proposed overlay districts. Yet, the goal this group and their initiative appears to enable the HPC to wield increased power over land owners within the districts.

The following materials is a list of our facts and observations.

Here is a PDF of Everything Below on this website. You can download if you like. CLICK HERE

CHAPTER 50 CHANGES

Are the revisions to Chapter 50 separate from the ZT-8-22 text amendment proposals?

You cannot have the LDR amendments without the overlay, as verified by the City Attorney (Carrie Avallone) as sited in the text ZT-8-22. We do not need UN-ELECTED people controlling our lives and property.

Please see relevant articles and links below:

Daytona Beach News Journal “Third time the charm” ; DBNJ Third time the charm?

NSB City Attorney Does Not Support LDR with the overlay; NSB City Attorney Does Not Support the LDR changes without the Overlay

What is best for our community?

Past experience has shown that a Local Historic District has driven the middle class out of the area as only the wealthy can afford to live there. The local community needs to stand united against those who shrewdly try to convince other citizens that they know what is best to preserve our city’s charm. We Do NOT want to be WINTER PARK!

S&ME Consultant PPT. THIS IS A VERY IMPORTANT DOCUMEN TO READ S&ME Consultant PPT 091421 

Winter Park Virtual Map; Winter Park Virtual Map

DEMOGRAPHIC CHANGES

 Neighborhood stabilization

An enforced local historic overlay violates existing property owner rights and it does not provide stabilization to homeowners.  Past city letters to historical property owners concerning local historical overlays have been confusing and biased.

San Jose Spotlight Historic or racist? 032621 SJ Spotlight Historic or racists

Will the creation of Historic Districts impact the ownership of property within NSB?

Yes, but in a negative way as it drives up home ownership insurance costs, remodeling costs, and creates a burden on property owner rights.  Fewer individuals will be able to afford historic homes which will result in fewer buyers for properties located within these local designated areas.  (Supply and Demand).

The tax exemptions are only available for those few historic homeowners’ that plan to remodel and that qualify. There are zero benefits to existing homeowners that have already paid to remodel his/her own homes.  The benefits will only be available to a “select few” but the tax burdens will be on many.

Historic Districts are ruining the cities. 122319 Forbes Historic Districts are ruining the cities.

HIG Letter re Historic Homes Insurance; HIG Letter re Historic Homes Insurance

ESTHETICS

 Maintaining consistency of building form and aesthetics

This will not discourage wealthy developers that do not want to wait on the lengthy time frame needed for the demo permits.  This high fee will encourage less mom-and-pop businesses and more chains and franchises.

Lakeland Historic District; 121720 Lakeland Historic Guidelines

Encouraging a sense of neighborhood pride and identity

A sense of neighborhood and pride does not require a historic district overlay, but rather the commonality of the residents and their desire to maintain their properties esthetically and competently without government oversight from an un-elected but appointed board.

FINES

 Will fines change for non-compliance with Historic Preservation Commission (BOARD) and Chapter 50 requirements?

This will not discourage wealthy developers that do not want to wait on the lengthy timeframe needed for the demo permits.  This high fee will encourage less mom-and-pop businesses and more chains and franchises.

HISTORIC PRESERVATION COMMISSION (BOARD) MEMBERSHIP

What are the backgrounds of the current Historic Preservation Board members?

Three or more of the current board members do not meet the requirements of Bureau of Historic Preservation Certified Local Guidelines. It appears that only two members match those requirements. The Alliance believes in all fairness, the members of the NSB Historic Preservation Commission (Board) should have to meet these requirements as well as reside within the historic districts.

HISTORIC PRESERVATION COMMISSION (BOARD) POWER

 How does this historic overlay affect my property?

 A local historic board differs from a traditional HOA because the members are not elected by the property owners, but appointed by the city commission.  Additionally, they do not have to reside within the proposed historic overlay area and thus would not be subject to the controls they seek to enforce. A neighborhood HOA comprises of an elected board with members from the neighborhood and thus the rules and regulations are consistent for everyone.

HIG Insurance Letter re Historic Property insurance; HIG Historic Homes Issues Letter

What is the confusion over the use of the word “HOA” in social media?

A local historic board differs because the members are not elected by the property owners, but appointed by the city commission. Additionally, they do not have to reside within the proposed historic overlay area and thus would not be subject to the controls they seek to enforce. A neighborhood HOA comprises of an elected board with members from the neighborhood.  Rules and regulations are consistent for everyone.

How will the review process for property update be handled?

The Alliance agrees with City; it should never have been called a commission, but again this was pushed by the small group who is again advocating for these overlays and LDR changes.

Are delays in HPC processing permits anticipated?

The Alliance agrees with the city that these delays in processing permits needs to be removed.

The proposal includes a name change for the HISTORIC PRESERVATION COMMISSION; Why?

The Alliance agree with City; the HPC should never have been called a commission, but again this was pushed by the small group who is again advocating for these overlays and LDR changes.

INSURANCE

 What is the potential impact on insurance costs for homes in the overlay area?

 The city clearly states that the HPC will need to approve these and the LDR changes would prohibit these without the property owner going to the HPC for a waiver. Given the HPC membership, this is unlikely to be successful.

Palm Beach Owners Demolish Landmark Homes; 082422 Palm Beach Owners Demolish Landmark Homes

A Local Insurance Agent (Christine M. Etts) Tells The Truth About Insurance And Historic Homes “Click Here”

LAND DEVELOPMENT REGULATION (LDR) CHANGES

What is the LDR amendment and how did it come about?

The Alliance takes note that the City Attorney’s office does not support the changes to the LDR, which was generated by a majority of Coalition appointees to the P&Z Board; thus, not representative of the majority of NSB residents and we can find no overriding factual information to support a request to add restrictions on building height and the combining of lots to the LDR.

 The changes being suggested for ZT-8-22 are too complex

The Residents Coalition position is misleading because having a local historic district or designation does not keep a small-town appearance.  This is not what NSB wants or needs.  Again, a small group wants to modify the property rights of others. Several attorneys have reviewed this proposal as well as the city attorneys and they do NOT recommend this to be passed.

WP Park Visual Map;  WP Park Ave Visual Map

OVERLAY VOTE

Can my property be listed against my will?

The Coalition survey claims are deceptive. There is no discrimination within the results as to who lives in the proposed historic districts. In reality only property owners who live in these districts can vote on the proposal, making the Coalition claim irrelevant. In past attempts and most recently in 2021, the property owners in the proposed districts voted against the local overlay proposals. The only reason this is facing the residents again is because a small number of people from the RC want to impose their will over the rest of the citizens, costing the taxpayers time and money each time this resurfaces.

The Resident’s Coalition email survey votes claimed 477 participated out of 3000 with 23 voting No

The Coalition survey claims are deceptive. There is no discrimination within the results as to who lives in the proposed historic districts. In reality only property owners who own property in these districts can vote on the proposal, making the Coalition claim irrelevant. In past attempts and most recently in 2021, the property owners in the proposed districts voted against the local overlay proposals. The only reason this is facing the residents again is because a small number of people from the RC want to impose their will over the rest of the citizens, costing the taxpayers time and money each time this resurfaces.

OWNER RIGHTS

 In the case of ZT-8-22, you are restricting property owner’s rights for both height and lot assemblage that have been in place for years and only because a small group wants to control the lives of the majority of the city residents. Several in this small RC group live on assembled lots (one lives on 7 assembled lots) and/or not in historic homes.  It’s do as I say, not as I do….

PROPERTY VALUE

 Long-term preservation of a local historic district.

 This Chapter 50 revision if approved does not help past home owners that have already remodeled homes in the historical district. The only current test applicant that has applied for this tax exemption is a current HPC board member. This is too much government red tape for the very few residents that actually have homes not remodeled that qualify for historic designation.  This applicant’s tax savings is equivalent to $200 per year.  A lot of wasted time, energy, and tax dollars for an ongoing government overreach political push by a special interest group.

NSB City Attorney does not support the LDR without the overlay;  City Atty Non-Support LDR without Overlay

Daytona Beach News Journal “Third time the charm”; DBNJ Third time the charm?