Winter Park Commission makes first vote on historic preservation ordinance

Property rights and historic preservation clashed on Monday night as Winter Park City Commissioners took their first look at a new controversial historic preservation ordinance – and made several policy-shaking votes.

The oncoming ordinance has been the subject of much tension in the community, as one side looks to better protect historic resources, while the other believes it encroaches on property rights regarding any aesthetic changes to the home and how soon a home can be demolished.

For many residents on Monday, it was about finding the balance between both sides.

The new ordinance would potentially make the process easier for a neighborhood with historic homes to be named a historic district – a title that offers a barrier of protection to historic buildings. Any alterations, additions or demolition involving historic resources within the district must go before the Historic Preservation Board for review.

But in order to form a historic district, the city’s current ordinance requires two-thirds of the residents within the proposed district to vote in favor. The proposed ordinance requires only 58 percent.

In the end, City Commissioners Greg Seidel, Carolyn Cooper and Tom McMacken voted to lower the percentage of residents needed to create a historic district to 50 percent plus one – a simple majority vote.

The same three commissioners also voted down a potential “opt out” clause proposed by Commissioner Sarah Sprinkel for residents who did not wish to join the historic district.

Monday’s meeting saw more public comment than any other Winter Park ordinance seen in recent years, with 46 residents and local attorneys taking to the podium to give their thoughts.

Many residents called the ordinance a blatant violation of property rights.

“I don’t want anybody telling me what I can and cannot do with my property,” resident Debra Dingman said. “If I want to change the front of my property, I want to be able to do so. Nobody should be forced to have their home be part of historic preservation.”

“What we need is individuals who think they have a historic home to apply independently,” resident Michael O’Shaughnessy said. “I’m against encroachment of personal property rights, therefore I ask you not to approve this ordinance. More control and layers of government stymies the creative process of evolution of beautiful cities like Winter Park.”

Other residents urged the Commission to accept the ordinance, adding that Winter Park must cling to its heritage and historic character.

“If the goal is to not have any roots, than let’s proceed full speed with the bulldozers,” resident Stephen Pategas said. “Heck, we can then rival Celebration and Baldwin Park.”

“Instead, let’s keep a touch of Savannah or Charleston right here so we can brag on it.”

“Tonight the City Commission has the privilege of passing an ordinance that will truly improve our community for both future and present generations,” said Betsy Owens, executive director of the Friends of Casa Feliz. “I urge you to pass this ordinance…I have little doubt that future generations of Winter Park residents will confirm your wisdom after the fact in safeguarding our community.”

Resident Susan Winter argued that a neighborhood losing its historic character impacts property rights as well.

“In the year and a half that I have lived in [College Point], six homes have been torn down without question,” Winter said. “They have been replaced with enormous homes with absolutely no relationship to the feeling or history of that neighborhood.”

“I’m not landing hard on the property rights folks, but on the other hand, I have rights as well. I made a massive investment.”

The city’s process to create a new historic preservation ordinance began in 2013, stemming from controversy over the threat of the historic Capen House being demolished to make way for a new home.

The 130-year-old Capen House, which was saved and relocated by residents through a campaign called Preservation Capen, recently opened its doors last month at its new home on the grounds of the Albin Polasek Museum and Sculpture Garden.

But the process of approving the new ordinance has only just begun. After the City Commission made 18 separate changes to its language, the city deemed the ordinance had been “materially changed,” meaning it will come back before Commissioners for a second first reading during the Nov. 23 meeting.