(a) Recommendations made only by the Planning and Zoning Commission shall be considered for map amendments. All recommendations by the Planning and Zoning Commission for zoning map amendments shall be consistent with the City's adopted plans, goals, and policies and with the intent of this Zoning Code.
A. Prior to making a recommendation on a proposed rezoning, the Planning and Zoning Commission shall make a finding to determine if the following conditions exist. No rezoning of land shall be approved prior to specific documents finding at least one of the following:
1. There has been a change in demand for land which alters the information upon which the zoning map is based. A study indicates that there has been an increase in the demand for land in the requested zoning district. The study shall provide a rational basis for indicating why a change in the zoning map is warranted.
2. Proposed uses cannot be accommodated by sites already zoned in the City due to lack of transportation or utilities or other development constraints, or the market to be served by the proposed use cannot be effectively served by the location of the existing zoning district.
3. There is an error in the Code text or zoning map as enacted.
4. The City of Loveland’s current Comprehensive Master Plan specifies a different land use for the subject property other than that which is specified on the current zoning map.
B. No residentially zoned district shall be rezoned to a non-residential district unless such proposed rezoning site is contiguous to land in the proposed zoning district classification.
C. In addition to the findings required to be made by subsection (a)B. hereof, findings shall be made by the Planning and Zoning Commission on each of the following matters based on the evidence presented.
1. The extent to which the proposed amendment and proposed use are in compliance with and deviate from adopted plans, goals and policies. “No rezoning shall be allowed unless the Planning & Zoning Commission affirms that the request is consistent with the adopted plans, goals and policies of the City”.
2. The suitability of the property in question for the uses permitted under the proposed zoning. “No rezoning shall be allowed unless the Planning & Zoning Commission affirms that the property in question is suitable for the permitted land uses under the proposed zoning”.
3. The adequacy of public facilities such as transportation, utilities, and other required public services to serve the proposed use. “No rezoning shall be allowed unless the Planning & Zoning Commission affirms that the infrastructure is currently or shall be within a reasonable period of time adequate to serve the proposed use”.
4. The effect of the proposed rezoning on surrounding uses.
5. The effect of the proposed rezoning on the economic viability of existing developed and vacant land within the City.
(b) The Planning and Zoning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and not solely for the interest of the application.