P & Z Minutes 05/14/2008 - Laserfiche WebLink

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Planning & Zoning Commissionl Local Planning Agency May 14, 2008 Page 2 2 miles from any other check cashing service/payday loan business Within 5,000 feet of any residential zoning district, or any retirement or assisted living facility for senior citizens; Within 2,500 feet of any day-labor employer or temporary employment agency; any traditional bank, credit union or trust company; or any retail business that provides check cashing or loan services as an incidental part of its business. · The required separation shall be measured, without regard to municipal boundaries, following the shortest route of ordinary pedestrian travel from the main entry of the check cashing/payday loan's establishment, continuing along the pedestrian walkway provided on the check cashing/payday loan's property to a public thoroughfare, and then continuing along the public thoroughfare. · Variances to the distance requirements may be requested through an application submitted to the City Commission utilizing the procedures and criteria provided in UlDR Section 1-2.7. · Check cashing/payday loan businesses lawfully operating on the effective date of the ordinance shall be deemed legally nonconforming uses governed by Chapter II, Article VIII of the Unified land Development Regulations and modifying condition: Within 5,000 feet of any residential zoning district, or any retirement or assisted living facility for senior citizens; Ms. Smith distributed and reviewed a map showing distance separation for assisted living facilities and banks/credit unions (a copy is attached and made a part of the minutes), A discussion ensued regarding the availability of property in the City of Casselberry that meets the proposed distance separation criteria outlined in the staff report and the option of requesting a variance to the distance separation. Ms. Smith said the information received from the City Attorney's office indicates that the City has the ability to exclusively prohibit payday/check cashing establishments in the City of Casselberry. Mr. Henson expressed a concern regarding possible litigation due to the restrictions on check cashing establishments. Ms. Drage said their research shows it is permissible to exclude the check cashing establishments completely. She explained that the City Attorney's office tries to avoid litigation because they are trying to protect the City and their best interest She said the distance requirements provide some opportunity for these establishments to be located in the City. A lengthy discussion ensued regarding placing check cashing businesses in the Industrial-Medium zoning area and the City Code regarding legally non-conforming uses.