Following receipt of the Planning and Design Commission report, and its own review, Council may, in its legislative discretion, either approve, disapprove or modify the site plan. Council may affirm any report of the Commission by a majority vote of its members. If Council reverses a report of the Commission recommending disapproval of the development plan, it shall only do so by the affirmative vote of not less than two-thirds of its members.
In conducting its review, Council shall exercise sound legislative judgment to decide whether rezoning of the property is reasonable, rationally related to the City’s legitimate interest in substantially advancing the public health, safety, morals and general welfare. The legislative determinations of Council may be guided but is not bound by the Master Plan. Likewise the administrative review of Planning and Design Commission pursuant to the criteria in this Chapter may support but shall not control the legislative rezoning determination of Council.
Following approval of the development plan, Council shall proceed with the amendment of the Zoning Map as provided in Chapter 1127 by classifying the development area as a Residential Cluster (RC) zoning district.
Once the development plan and rezoning are approved by a majority of the members of Council, and if the applicant meets all other applicable conditions under local and state law, the Building Official shall issue the applicant a building permit.
(Ord. 2007-5. Passed 4-17-07.)