CC Minutes 08/11/2008 - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Minutes of August 11, 2008 - Regular Meeting Page 5 of 11 . 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. The City Commission approved Ordinance 08-1247 on first reading on July 14, 2008. Staff included the following additional language in Section 2-7.29(2) to clarifY the ending point of measure: "...and then continuing along the public thoroughfare to the nearest property line of the business or district set forth in Section 2-7.29 (1)." 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 second reading. Public Hearing: The following individuals came forward and addressed Ordinance 08-1247: I) Mr. John Casselbeny, 700 South Lost Lake Lane, spoke in favor of Ordinance 08-1247 and questioned the legality of the loans made by these types of businesses. 2) Mr. Craig Tull, 429 Ranch Trail, stated he did not agree with the way these types of businesses conducted business, but voiced concerns regarding further limiting the City's tax base by additional regulations while not providing a plan on how to fill the gap created by the elimination of such uses and actually grow the tax base.