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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2002 - 118 <br />By: Council Members McKay and Nashar <br />AN ORDINANCE AMENDING SECTIONS 1149.02, 1149.03, <br />1149.041 AND 1149.07 OF CHAPTER 1149 OF THE ZONING <br />CODE (1KIXED USE DISTRICT) IN ORDER TO PROVIDE <br />MORE FLEXIBILITY FOR LAND DEVELOPMENT IN MIXED <br />USE DISTRICT "D ", AND FURTHER TO PROTECT <br />ADJACENT RESIDENTIAL DISTRICTS FROM THE ADVERSE <br />IMPACTS OF DEVELOPMENT IN THIS MIXED IISE <br />DISTRICT CLA.SSIFICATION. <br />WHEREAS, the Pianning Commission, with the assistance of a professional planner, has <br />recently conducted a review of the provisions of Chapter 1149 of the Zoning Code relating to <br />Mixed Use "D" development; and <br />WHEREAS, the Planning Commission, upon completed said review, has recommended <br />that certain amendments be made to various sections of Chapter 1149 in order to provide for <br />more flexibility for land development within Mixed Use District "D" and further to protect <br />adjacent residential districts from the adverse impacts of such development; and <br />WHEREAS, the Planning Commission, at its special meeting held on July 30, 2002, <br />pursuant to Section 1127.01 of the Zoning Code, formally initiated the wittrin proposed <br />amendments to Chapter 1149 of the Zoning Code; and <br />WHEREAS, this Council, upon reviewing the recommendations of the Planning <br />Commission, finds that the proposed amendments to Chapter 1149 of the Zoning Code will <br />further, and bear a substantial relation to, the health, safety and welfare of the public, and will <br />better enable the owners of property located with a Mixed Use "D" District to develop their <br />property, because of the flexibility added to the Code by the proposed amendments, including, but <br />not limited to, a provision which would permit up to 50% of retail use development along with <br />other permitted non-retail uses; and <br />WHEREAS, following publication of newspaper notice, a public hearing was held, in <br />conformance with the provisions of Sectio 14 of Article IV of the Charter and Section 1127.03 <br />of the Zoning Code, on the -3 C day of `2002; <br />ir