member gonzalez and all side member northy here member stuart secretary amoroso here chair cartel here alternately here here and alternate warnecke present first item on the agenda is the review and approval of the minutes so we have two separate sets of minutes to approve tonight the minutes from the june 18th 2025 regular hearing and then we also had a special hearing on june the 23rd 2025 any members of the board have any changes or alterations to the minutes if not a motion to approve a motion to approve the minutes i'll second all those in favor say aye those opposed hearing none motion passes moving on to presentations awards and reports don't think we have any for the agenda this evening public forum do we have anyone from the public who'd like to speak this evening we do not um nothing for old business moving on to new business resolution number 2025-69 granting a minor conditional use to permit a tattoo shop at 1701 doyle road i believe we have just checking this is going to come on is my presentation going to come on yeah and while we're working on that i'll read the resolution into the record by title so this is a resolution of the planning and zoning board of the city of deltona florida granting a conditional use to permit a tattoo shop within the c1 retail commercial district for a property located at 1701 doyle road within the city of beltona providing for conditions recording conflicts severability and an effective date thank you so much good evening i'm matthew west i'm not doing a countdown i'm doing a count up of four months i've been here okay and i'm loving every minute of it i'm here to present this application for a minor conditional use for a tattoo shop at 1701 doyle road just you know this is a minor conditional use and this only goes to the planning and zoning board it will not continue to the city commission you are the board of final decision uh i already i mentioned that property is located 1701 doyle road it's about the lot is about 15 000 square feet it has a c1 zoning which is retail commercial has a future land use of commercial and the building that is on there is about 3200 square feet and it was built in 1982 according to the property appraisers records there are four suites so there's 800 square feet per suite and this particular application is addressing suite a which is on the western end of the of this small commercial strip center there are 11 criteria to evaluate when you're considering a conditional use here's the first five uh these are the the additional six others that are considered uh staff in in its report has gone through the detail of these of these um issues for consider matters for consideration and i want to show you a couple of maps here to show you orient you where this property is it's on the south side of doyle road a little bit west of saxon boulevard right now it has i said it has a 3200 square foot building with 17 parking spaces on the property uh to the north is a convenience store and gas station uh to the wet to the left or west is a karate school and i believe uh there's another small office building there as well and as you can see from this aerial to the to the right or to the east there's a vacant lot i believe that the well it's vacant yes there's the zoning of the property you can see on both sides of doyle road at zone c1 with a commercial future land use designation um this is a copy of a survey of the property you can see where the the building sits on the property with the parking out front uh here's a photo of the site with a lovely city of deltona uh explorer here uh the to the right of and this photo to the right of the explorer that that's the suite that the uh conditional use is for for this tattoo parlor that's a close-up of it you can see it used to be a barber shop there's a barber pole hanging on the on the wall there next to the window this is the ground sign my understanding i talked to the property owner who owns the shopping center in the empty little slot there would be where the advertisement for the tattoo shop would be located based on decision-making criteria staff recommends the planning and zoning board approved resolution 25-69 granting a minor conditional use for the tattoo shop to be located at 1701 doyle road for suite a with the following conditions a tattoo shop must make obtain all permits and licenses and legally open for the business for business within 12 months of the adoption of this resolution or the minor conditional use will expire no neon signs that are visible from the exterior shall be permitted for the bill for the building area occupied by the tattoo shop and operating hours for the tattoo shop shall be between between be between be between the hours of 10 a.m and 10 p.m daily at this point as i point out you are the board of final decision on this i believe the the owner of the tattoo shop business is here is the property owner here i don't he said he would be here maybe he's just running late at that point i'm open to questions great thank you so much we'll start with questions uh member gonzalez do you have any questions for staff just a quick explanation on the uh when you talk about neon signs visible from the exterior uh could you get a little more detail is that from the front of the building or yeah and essentially thought is in the wind the windows you don't even if you put it inside it's projecting the light outside the idea is not to have a bunch of neon signs on the front of the building or shining out onto the front of the building okay is this just for this this uh business or i'm glad you asked because driving down at night that's all you see in the windows of these retail and commercials i'm glad you asked that i our business tax receipt records show that in the city of deltona we only have two other tattoo shops in the city and one of them had a conditional use approval a couple several years ago on deltona boulevard and the um the conditions you see here are the same conditions that were applied to that tattoo shop on deltona boulevard which was in a similar situation was in a strip center and um and it was approved with these conditions mike basically the question is what what led up to the limiting of um the signs for this particular business as opposed to the ones you see in all the other businesses going down the streets i think the idea was did not draw attention to the site that as much uh you know uh part of the the the consideration back when this was considered it uh this type of use was considered on deltona boulevard there was discussion in the staff report back then which i didn't write but i obviously read uh that you know tattoo parlors can run late night operations just like bars and restaurants and and things like that and to make it more compatible with the residential that's behind there uh they the staff then felt it was appropriate to implement this uh it still doesn't make any sense if if we're talking to facing the front uh towards doyle road how's that affected the residents behind them and you've already you're limiting the hours till 10 p.m so i'm just i'm perplexed as to why particular are we doing neon signs or signage for a tattoo parlor as opposed to what we see driving down the street you know the neon signs in a gas station uh or a convenience store or the walmart or whatever that have signs blaring out it's the restaurants fast food places and through the chair if i may um i believe staff has followed past practice as it comes to this and it is up to the board if you would like to remove that condition um i will also say because this is a conditional use it is appropriate for the board to specify additional restrictions that may not otherwise apply such as hours or signage because it is a use granted by condition got you all right thank you and i'll i'll just table that question until the operator the owner and operator come up and i'll ask them the same question how they feel about it thank you thank you thank you member northe do you have questions for staff i do um what is the handicap accessibility of that site it's got on the i know it was built 1982 and then was built by the under county regulations but when did the handicap accessibility and uh come into effect and how is it affected this side here well of course the the ada requirements i can't hear you the ada requirements came into effect i believe in 90 1991 okay i believe uh and you can see in this photo it's on the right hand side that the handicapped parking space is located there and there's ramp there is a ramp yes you can not you can see the ramp right there okay um you know and so there is a ramp there um apparently they moved it it used to be closer to the street they moved it closer to the building which makes more sense than having uh anybody having to cross the driving aisle yeah that i should have gone by and looked at that because that ramp looks like it's like it's a step up it's not a step up it meets the it's sloping down okay to the right and just it yeah i know i should have gone by and looked at it well maybe does that help right there you can kind of see it sloping down to the right okay thank you yes secretary amoroso i have no questions alternate warranty um i just have a couple of questions just considering so there's four units you said there's 17 parking space which means there's about four and a quarter parking space per business is that how that and and the city's parking code for shopping center is four spaces per thousand so it does it's over the meeting and then it's four units and right now there's a vape shop there a pizza place which is pretty good pizza and the tech the possible tattoo place what's the is there something in the fourth place yes yes there is and i believe it's like a one of those places where you can order uh gifts custom made like what's that yeah let's see right now it appears to be a market and i believe you can also buy things there to as promotional items uh so it's a retail store okay so most of the businesses it's in and out so there shouldn't be any issues with the parking because and it meets and it's over there correct okay thank you that's all i have alternate here i don't have any questions i don't either thank you so much i do believe that the applicant is here if they'd like to come up and madam chair before the applicant does come up um i did speak to the applicant and they would they request um opening hours to be changed from 10 a.m to 9 a.m if that's um to 9 p.m no starting at 9 a.m instead of 10 a.m oh okay so from 9 a.m to 10 p.m from 9 a.m to 10 p.m correct okay so if the applicant would like to come up if you could please um state your name and address for the record hi my name is brianna pearson and um my home address or the doyle road normally it's your home address okay 131 matanzas road debarry florida wonderful and um i have been a tattoo shop owner for about five years now i opened up my first location in st mary's georgia i cater to upscale um usually women uh a lot of a lot of the people i see are women who are looking to have their voices heard and to have a place where they can feel like they have community community is really huge in my businesses um so usually whenever i start i like to do as much outreach as i can because i think especially in today's day and age with the rise of technology we're further away from community than we've ever been and i like to be able to use my platform um to be able to bring that back in and really foster togetherness because i think that's what we need more than ever so um when people come in to get tattoos they're usually looking to heal from something or to to bond or have something have that experience so i invite everyone it's a safe space for anybody who wants to come in and have their story told or heal from something or um you know what just connect so that is what i look forward to doing here in deltona i um my clientele base come from all over the united states that's the the positive thing about social media is i'm bringing in business from all over people who are flying in driving in maybe hours and so it's new business to the area too so it's something i look forward to bringing thank you so much for that if you don't mind i think maybe some of the board members might have some questions so we'll start with member gonzalez well you heard the conversation so um how do you guys feel about well the the criteria in particular but that one as far as the signage goes are you happy are you good with it or as far as the signage goes i'm pretty easy going uh the last location i had was in a historic downtown district so they were okay yeah they're very strict you had a hysterical society deal with i couldn't even advertise the word tattoo yeah okay say if you're happy with it then i won't pursue i i am okay with it the only thing is i usually operate i mean sometimes it goes a little bit into 7 or 8 p.m but i'm usually up early and i like to be out early so if i am able to have that 9 a.m so i can start business a little bit earlier get in and get out that would be awesome um if not i can definitely work within the hours as well thank you member northy would you be willing to close up at 9 that's no problem to me go 9 to 9 instead of 9 to 10. um uh and do you own the location i don't you're you lease this site right you're leasing it okay and um just you're completely accurate about why people have tattoos yeah final words my husband said to me when before he went into hospice was love you more i had that tattooed on a ribbon on my on my arm and that and every time i look at it so you're right tattoos do that for people so if you're if you are willing to close up a nine i would be completely fine if the rest of the board would support that any other questions uh remember are you done yeah yeah i'm sorry that's all right secretary amoroso i've never gotten a tattoo for a good reason so there's that but um i have the nine is whatever but i have no problem with the 10 okay and i also have no problem with eliminating the neon sign thing if that is something for an open sign you are on doyle road across you from gas station like you said that has a million neon signs and because we did it before i don't think it should stand but an open closed sign neon might help from the street so i have no problem with eliminating that out of there if so be because precedent means whatever we can do what we want but i do have no problem with the 10 p.m and i have no problem with taking the neon out too if the board would like thank you alternate warranty she kind of answered my question so the neon open closed sign is part of the thing they're trying to do the seat that's crazy that's all i have alternate here well you don't know the business in st barris anymore this will be your sole business i believe that takes care of all of our questions thank you so much for your time thank you for having it any other questions from any of the board members member northy a staff that i meant to ask the um because this is the conditional use and it's the lease agreement what about i mean that is really the landscaping around there we need to be lifting our city up and so does landscaping come into any impact of this at all when i evaluated this i looked at the fact that one suite is really where this conditional use is going which is only 25 percent of the building so i felt like you know if they were going to occupy two or three suites and and and that would be the majority of the square footage being occupied by the continues i would probably look at upgrading the site with some landscape okay and through the chair the property owner is here so if you'd like to ask the property owner if they're willing to stipulate to improve landscaping um as part of a condition then you're more than welcome to does the property owner want to step up and do they have anything they'd like to say please state your name and address for the record sorry um are you willing to do anything about the landscaping it's pretty barren right now and yeah it can be done uh wasn't budgeted for but i'm sure we can figure out a budget yes within the next three four months yes sooner if necessary i mean i don't know what you require if you tell us what you require we'll well there is no landscaping plan with this conditionally is that correct okay i i don't want to put that into no landscaping plan was was requested um and uh so there's nothing to attach but if once again as zach said i'm just frustrated it's time that we start looking at our city and upgrading old stuff and that's an old building member northy um we can work with the property owner um and they'd be we would make them just meet the land of them and code for landscaping so would you be able to do that me with the so the applicant said that they can probably do something within the three to four months so um we can get in touch with the applicant and start working with them very good thank you yeah we could do that by the end of the year for sure it's not a problem it just needs to be budgeted by the landlord i understand do i have a motion from the board oh one more question i'm sorry alternate warranty how just real quick how late is the pizza place open we do not have we can look that information up i'm not sure that's so you're limiting her hours but the pizza i'm just having an issue it should i think it should be straight across the board i believe it's 10 o'clock i believe not verified okay now it's called chet christine's does the applicant have a preference as to what time they'd like their operating hours to be yeah i know you asked for nine do you have an option or a desire for closing okay we just don't want to impose something that would create a hardship for you so we want to make sure that we if we're going to change the hours of operating that you have an opportunity to voice what would be best for you understood thank you so much does anybody on the board have any questions for the property owner no hearing none i'm going to ask for a motion i'd like to make a motion to approve the resolution eliminating the restriction on the neon sign and are altering the hours i would like to keep the hours till 10. no the start oh start yeah 9 a.m sorry 9 a.m to 10 p.m yes 9 a.m to 10 p.m i'll second that motion and would that also include the condition that landscaping of the premises shall meet the requirements of section 110 808 landscape requirements yes please i believe the motion's been seconded staff can you call the roll can you please open it up to the public member chair sorry thank you for the reminder does anybody in from the public wish to speak on this matter nothing's been turned into us okay so i think we have a motion on the floor and it's been seconded all right you're fine did you have did you want to speak on the motion that we're talking about which is granting a minor conditional use for a tattoo shop at 1701 doyle road i believe the appropriate do they need to turn in a card or she can just if you want to approach the podium and you'd like to approach the podium and state your name and address for the record please how you doing good you state your name and your address for the record please hodges linda address is one six nine zero panama court deltona florida 32725 would you like you have four minutes to talk about the application that we have before the board excuse me two minutes okay i guess um i am against it is that's what it can do right against it okay my um thing for against it is the fact of the building permit i thought it was for pizza one building you separate it into two in which you have a you're using the alley half in which it's there that's separating alley and tattoo whatever it is but um i always thought that when you wind up signing up for one building you get the one building and not divide it within the two now you're trying to use the alleyway or whatever for a second half of a building and then i thought um the florida administration code states that the test tube uh cannot be located in an area where food is wind up being prepared like eating drinking etc half except for first aid half and smoking is prohibited within that um area of tattoo i guess maybe that's a health half code that's there i don't i really don't know um second half my uh establishment is against the stat for privacy it would be given access to people at all times of night day and night within that alley half of which you don't have that excess um traffic going there and i guess it has to have a different mailing address and and where it comes with the parking and the traffic and the noise and you theoretically you're inviting people that did not originally that was there so okay that that's your time okay thank you i'm sorry no that's fine any discussion amongst the board members i'd like to get clarification on the on the food and the tattoo power can we can we turn the presentation back on because i think if she sees a couple of the and the issue with the alleyway okay so that that's the building it's ma'am that's 3200 square feet but there are four suites in it and the one on the right hand side right there um is is where the tattoo shop is going to go and so it's not sharing an access and it's not sharing anything with the other three suites that have separate businesses in them um and i think that the the most important thing to understand is that when you're reading that off i believe that's you can't do that in the tattoo shop some of those things you can't do but they're there have separate walls and separate entrances so there won't be mingling of that in the business and on the hours of operation i believe the board has a motion on on the table right now for limiting the hours from 9 a.m to 10 10 p.m so it wouldn't be all hours of the night what's the alleyway concern i didn't follow that there's an alley back we have yeah we have those all commercial areas yeah if uh let's let's see let's go back this way so you can see it right there it's alley um the alley is right is is so here's the alley behind the business this alley serves the karate uh store uh karate school there's a office building and it serves this strip center as well and i'm assuming that when this builds it will serve this uh building as well and the uh the dumpster is back here and there might be one car or two cars back here that might be employees uh when i was there one time there's just one vehicle back there but and but any in any event there won't be any access to the public from this alley do you want to call her back up or i don't believe so okay any other comments from the board any further discussion i think we have a motion to approve the minor conditional use on the table it's been seconded so i'm going to ask staff to call the roll please member gonzalez uh vote yes approving it member northy yes alternate mayor yes alternate warnecke yes secretary amoroso yes and chair carter yes motion passes thank you so much uh moving on to the next item on the agenda staff comments good evening so the only comment staff has tonight is mr trojanowski has resigned from the planning and zoning board due to work reasons that position will be advertised for 60 days and then the applications will be provided to the city commission for a new appointment and we just want to thank him for his service on the planning and zoning board that is all staff comes thank you thank you board committee any member comments or if there are any yes member northy i have several uh i would like to direct them to staff for some information uh senate bill 180 and the live local act have both passed in separate times and i'm wondering if it would be possible for this board to get a presentation or something in workshop on what this all means to the board activity it seems to me that we are limited now in what we are able to do i don't know that's true or not so i think we probably could use a oversight explanation of what those two bills mean to us yes miss northy so um just briefly senate bill 180 is a piece of legislation that passed in the recent florida state legislative session which deals with emergencies um there are many provisions related specifically to recovery after emergencies requirements of local governments related to permitting what specifically impacts the planning and zoning board and the items that may come before you all is related to um essentially preemption that limits the ability of local governments to establish more restrictive or burdensome regulations following a hurricane and in fact the bill does provide for retroactive application to august 1st 2024 for communities impacted by hurricane milton most recently would be most relevant to deltona so we can provide additional detail at an upcoming meeting uh but that's the brief summary um for for the board it just feels like there isn't really i'm trying to understand what our role is now that they the home rule has been gutted essentially so it's like well we're an an agency as i understood it of the state we require a requirement of the state for the local government and while they don't have to pay a dormant attention to us the fact that we are meeting and and presenting rulings on stuff to forward and they can't do anything either so i'm just trying to understand if there's still a role for the board that's all i understand so also um uh dordan if we could get some guidance on meeting the requirements of the educational hours that we're supposed to put in what constitutes that i think i sent you an email saying that i had been to a league of women voters and we had a water discussion by the city they were at that at that uh oversight ever ever at that committee meeting and don't know whether that would qualify for hours or not um staff will send out some information to the whole board okay what the requirements are and what qualifies okay thank you and then um we just recently i don't know if anybody else did i just received an email regarding financial disclosure when is that due that was due july 1st um but then there's also you just get the email we can work with the city clerk um who is uh the office that sets up those accounts for you all um so the filing disclosure uh for the state form one which is what you all is right within 30 days um of appointment and then annually by july 1st of each year um which runs did we get a did i miss a a email from the staff saying that this was due it would have come from the state well i just got something from the state like yesterday or two days ago okay um we can we'll coordinate with the clerk's office to um inquire further but that would affect all of us correct we're all required to fill out that form one yes you are yes i i got the email and also filled the form out prior to the deadline so i'm not sure why member northy didn't i didn't get i did not get anything until just is there anybody else on the board that needs help with that yeah i mean it's like crazy yesterday yeah it almost looks like it needs to be filled out annually with a deadline of the first that's possible it's within 30 days of appointment and then annually thereafter so maybe staff can assist yeah certainly we'll work with staff and with any members that need assistance um and there's also a grace period before any sort of fines etc would accrue so i would just thought that staff or the clerk's office would have sent a reminder to us that we need to do this the reminders come from the state and then remember i didn't get that did not get a reminder timely from the state so okay it's definitely driven from the state i first got on the staff to tell me like there were certain things that happened that would come from the state but they don't remind me about it like ethics i had lots of questions and jessica helped a lot but um with this thing i mean it just was an email that i filled out and i don't know how you got i mean i think you would know but from the appointment date all our appointment dates are different so 30 days from i mean maybe a reminder june 1st hey guys you got to fill out your form one before that would have been nice yes that would exactly going forward staff can definitely do that for the thank you um annual submissions and then staff can also get on the website and check to see if people have filed as well and send out a reminder thank you staff will follow up with that thank you and then i have a question on handicap accessibility and jordan you and i talked about um what makes a new an old building required to update their handicap accessibility and if i understood you correct it was there had to be a new use is that correct or an internal change to the building there would have to be um external change to the external yes not internal so the fact the save a lot is no longer going to be a save a lot but it's part of a of that um a small area that has business in it restaurants two restaurants uh there's a i think a not a video store there's a tattoo parlor there there's a turkey rooster there is the bar uh then there is a um a chinese takeout so those have evolved over the years they've changed this building was built a long time ago under under county regulations and now the save a lot has closed so unless they're coming in for site plan modifications um we would not see it okay and and so handicap accessibility does not become an issue when when things change we would definitely look at the use but it's um it's still the same use that's it's a similar use going in and just to put a finer point on it there are concurrent processes that kind of run different tracks right there's the a planning review which deals with site plan and accessibility in that context there's also a building review that requires if there are internal permits that may trigger ada compliance so there's what would trigger it that's really what i'm trying to get to because what is happening down there is a person fell and injured himself very badly because there is no ramp no handicap ramp and no it's an old building but it seems to me at some point that the internal use of that building has changed maybe not the outside but the internal use has changed and save a lot is changing now too there should be some mechanism that triggers that says okay you now have to have to be impacted by handicap says build legislation so for external improvements is where you would see a trigger for external accessibility for internal improvements you would see triggers for internal accessibility that's the that's of course improvements that require permitting a remove and replace that doesn't necessarily require a permit would not trigger a city review so if somebody opened up a wall and put a doorway in internally that doesn't affect anything on the outside is what i hear you saying i'm going to give the i'm going to give the classic attorney answer it depends which is in saying if it is only an internal improvement there's no other change of use or um or other as far as intensity that would require um or trigger a a parking or planning review then yes that does not trigger but so that's why it depends it's really a fact specific okay um i'd like to ask staff to and we may need to do a motion because we did this once before so there are plenty of jurisdictions in broward county and miami-dade county that have a threshold trigger for site upgrades and improvements so whenever you do a change of use they require 20 of the cost of construction to be earmarked towards ada upgrades and requirements and the 20 is based on the appraised value from the property appraiser's value of the building only it does not incorporate the site so the cost of construction um dollar amount 20 of that would have to be carved out and earmarked for ada upgrades not only internally but externally as well so for the site as well so when the staff is looking at code um i know you guys are going through some some code rewrites it might be um it might be helpful to look and see if the city of deltona with our population and with some of the construction that we or the existing conditions that we have in the city the potential for ada upgrades might be required and if we were to look at a possible code amendment that would allow for the city to impose ada upgrades when change of use is happening with either tenant build outs or um um new i guess not so much new construction but tenant build outs into existing uses where there could potentially be a change of use we rewrite the code to address that situation so i'm not sure do we need to make a motion as a board for the staff to look at that area of the code when they're doing their rewrites yes it would require a motion and it's procedurally a motion to request the commission to direct staff okay but yes we would require a motion secretary america um so i understand that somebody wasn't ada compliant and somebody fell and now we're looking at this stuff you know because deltona is kind of old a lot of our buildings are old wouldn't that be the responsibility of the commercial business like if if i was in a wheelchair and i fell at save a lot isn't save a lot going to come up to code to be handicapped to not get sued again because they're going to lose it like only if they get sued well they're i mean they're not going to be forced to upgrade their property unless someone takes them to court over it with this um i'm being a little selfish but would this apply to residential properties that like um condominiums that are not covered by ada okay maybe because condominiums the exterior is owned by an association but ad we are the association is not covered by the ada only the fha so we do not have to be handicapped accessible because we are not open to the public so like our pools are not open to the public our office is not open to the public so it's only the fha which is a big confusion but i know when i did maintenance for a local convenience store even though we didn't have to we made everything ada compliant the bathroom the doors the ramps all that stuff to be ada compliant so i understand what you're saying about forcing some of these businesses to spend 20 of their budget on becoming ada compliant i don't know if that's really a thing but it's up to the board have you been buying some of the old places i mean they did this one it has a handicap stall but there is no ramp to go up or down to get it and and then what is the sidewalk is on a on an angle and that i just think that commercial use in delta like is hard enough to put more and more like it's hard enough to get commercial businesses in here and i've heard it more than once from people who were trying to come in here for commercial and yes you should if you're a business you should want to be ada compliant you should want the door to swing the right way you should want the three-foot clearance all that stuff them is what i wish would happen that would force the issue but she's not going to sue no i just think that i've heard from a few people who wanted to come in here commercially that it was too many hoops and i think that's just not that stuff shouldn't be handicap accessible but i don't i don't know about making stuff harder that's just my opinion that's all all right would anybody on the board like to make a motion remember northy i would like to make the motion that um we consider i don't know whether 20 percent is right but that we consider how we reevaluate um zach helming so um as this would be a motion to request the city commission to direct staff to evaluate the city's code as it relates to ada accessibility and a mandate for compliance when a certain threshold of renovation is met this sounds this sounds wonderful exactly what he said do i hear a second i'll second that are we doing a roll call vote or or is it uh all those in favor say aye aye all those opposed say nay motion passes and that um concludes our agenda for this evening so a motion to adjourn second motion to adjourn and it's been seconded and we are adjourned