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CASSELBERRY CITY COMMISSION Minutes of July 14, 2008 - Regular Meeting Page 8 of14 SUBSECTION 2-7.29, ARTICLE VII, GENERAL REGULATIONS, CHAPTER II, DISTRICT AND GENERAL REGULATIONS, TO REGULATE THE LOCATION OF CHECK CASHINGIPAYDAY LOAN BUSINESSES; AMENDING SECTION 5-21.2, DEFINITION OF TERMS, OF ARTICLE XXI LANGUAGE AND DEFINITIONS, CHAPTER V, GLOSSARY, TO INCLUDE THE DEFINITION FOR "CHECK CASHINGIP A YDA Y LOAN BUSINESS"; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS, AND EFFECTIVE DATE." Notice of Public Hearing: Notice of Public Hearing for Ordinance 08-1247 was published in the Orlando Sentinel on July 3, 2008. Staff Presentation: Ms. Sandra Smith, Chief Planner, stated Ordinance 08-1247 provides a definition for "Check Cashing ServicelPayday Loan Business", allows the use only in the Commercial General (CG) zoning district and provides the following criteria for such businesses: Required setbacks of: . 2 miles from any other check cashing service/payday loan business; . Within 2,500 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 ofthe Ordinance shall be deemed legally nonconforming uses governed by Chapter II, Article VIII of the Unified Land Development Regulations. The Planning and Zoning Commission unanimously recommended approval of Ordinance 08-1247 at their May 14, 2008 meeting, with the distance separation from residential zoning districts reduced from 5,000 feet to 2,500 feet. This recommendation was based on a concern that, if legally challenged, the City would not be able to provide viable locations for such uses. Reducing the residential setback to 2,500 feet provides a few locations but other criteria, such a the location of an existing bank or payday loan business, may make the site unusable. The Community Redevelopment Agency unanimously recommended approval of Ordinance 08-1247 at their June 13,2008 meeting. Budget Impact: This item does not impact the budget. Recommendation: The City Manager and the Community Development Director recommended approval of Ordinance 08-1247 on first reading and requested the second reading and public hearing be scheduled for August 11, 2008.