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CITY OF NORTH OLMSTED, OHIO <br />RESOLUTION NO. 2023 - 84 <br />BY: Mayor Jones <br />A RESOLUTION EXTENDING THE MORATORIUM ENACTED BY <br />RESOLUTION 2022-100 FOR AN ADDITIONAL 60 DAYS, WHICH <br />RESOLUTION HAD DECLARED A SIX MONTH MORATORIUM ON THE <br />ISSUANCE OF BUILDING, ZONING OR OCCUPANCY PERMITS FOR <br />PREMISES TO BE OCCUPIED BY AND USED, IN TOTAL OR IN PART, <br />FOR THE SALE AND CONSUMPTION ON SITE OF KAVA, KRA TOM, <br />DELTA 8-THCAND /OR DELTA 9 -THC; AND FURTHER TEMPORARILY <br />PROHIBITING ANY SUCH SIMILAR USE PERMIT, LICENSE, VARIANCE <br />OR DEVELOPMENT PLAN APPROVAL FOR SAID FACILITIES; AND <br />DECLARING AN EMERGENCY. <br />WHEREAS, Resolution 2022-100 is incorporated herein by reference, as if fully <br />rewritten, and the Director of Economic and Community Development advises that the facts and <br />circumstances in support of the Moratorium remain, and further recommends that the <br />Moratorium be extended for an additional sixty (60) days; and <br />WHEREAS, Resolution 2022-100 was enacted and effective on November 1, 2022, and <br />remained in effect through May 1, 2023, or such date as may be determined by Council; and <br />WHEREAS, Resolution 202347 was enacted and effective on April 18, 2023, and <br />extended Resolution 2022-100 beyond May 1, 2023, for 90 days and will continue in effect until <br />August 1, 2023, or such date as may be determined by Council; and <br />WHEREAS, this Council has introduced and has pending for review Ordinance 2023-52, <br />Ordinance 2023-53 and Ordinance 2023-54, together which relate to and address zoning <br />amendments for this property usage, otherwise subject to the Moratorium, as extended, which <br />property usage may be added as conditionally permitted principal use of commercial property, <br />subject to spatial and other limitations that may be imposed by said Ordinance; and <br />WHEREAS, this Council is advised by the Director of Law that, due to the time required <br />for Public Hearing and review by Planning and Design Commission, together with time for three <br />readings and Committee review by this Council, a further extension of the Moratorium imposed <br />by Resolution 2022-100 is necessary to address the thirty (30) day time period required in the <br />event of and after the passage of Ordinance 2023-52, Ordinance 2023-53 and Ordinance 2023- <br />54, for said Ordinances to take effect as a matter of law; and <br />WHEREAS, based upon the reports attached to Resolution 2022-100 and incorporated <br />herein, this Council desires additional time to study and research the unregulated proliferation of <br />these property uses and to what extent the sale and consumption on site of such substances <br />constitutes a public nuisance that interferes with the health, safety and general welfare of the <br />public; and <br />