Laserfiche WebLink
<br />any regulations, standards or criteria prescribed by this Zoning Code are inapplicable <br />because of unusual conditions of the development area, or the nature and quality of the <br />proposed design, it may recommend to Council that an exception or adjustment in such <br />regulations, standards or criteria be made, provided, however, such adjustment will not be <br />in conflict with the promotion of the public health, safety and general welfare of the City. <br />(c) Standard of Review. The Planning and Design Commission shall offer its <br />recommendation in accordance with its duties under the Charter of the City of North <br />Olmsted, which includes review for conformance with the Master Plan. Accordingly, <br />notwithstanding its review pursuant to the standards and criteria in this Chapter, the <br />Planning and Design Commission reserves autharity to recommend in favor ar against <br />rezoning. <br />1136.14 ACTION BY COUNCIL. <br />Following receipt of the Planning and Design Commission report, and its own review, Council <br />may, in its legislative discretion, either approve, disapprove or modify the site plan. Council <br />may affirm any report of the Commission by a majority vote of its members. If Council reverses <br />a report of the Commission recommending disapproval of the development plan, it shall only do <br />so by the affirmative vote of not less than two-thirds of its members. <br />In conducting its review, Council shall exercise sound legislative judgment to decide whether <br />rezoning of the property is reasonable, rationally related to the City's legitimate interest in <br />substantially advancing the public health, safety, morals and general welfare. The legislative <br />determinations of Council may be guided but is not bound by the Master Plan. Likewise the <br />administrative review of Planning and Design Commission pursuant to the criteria in this <br />Chapter may support but shall not control the legislative rezoning determination of Council. <br />Following approval of the development plan, Council shall proceed with the amendment of the <br />Zoning Map as provided in Chapter 1127 by classifying the development area as a Residential <br />Cluster (RC) zoning district. <br />Once the development plan and rezoning are approved by a majority of the members of Council, <br />and if the applicant meets all other applicable conditions under local and state law, the Building <br />Offcial shall issue the applicant a building permit. <br />10 <br />