(a) Recommendation by Planning and Zoning Commission; Transmittal to Council. After the close of the public hearing provided in Section 1115.05(b), the Planning and Zoning Commission shall recommend to Council, in a time period no longer than 35 days, that the amendment be granted, as requested, or it may recommend a modification of the amendment requested or it may recommend the amendment not be granted. The Planning and Zoning Commission shall transmit its recommendation to Council.
(b) Public Hearing. Upon receipt of the recommendation from the Planning and Zoning Commission, Council shall schedule a public hearing.
(c) Notice of Public Hearing in Newspaper. Notice of the public hearing required in subsection (b) hereof shall be given by publication of a notice in a newspaper of general circulation in the City. Such notice shall be published at least ten days before the date of the public hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment. When the proposed action has been initiated by the City, the City shall provide at its cost the notice. When the proposed action has been initiated by a party other than the City, the initiating party shall provide at its cost the publication of the notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
(d) Notice to Property Owners. Written notice of a hearing shall be provided to the owners of the real property within the area to be rezoned or otherwise changed by the map amendment and to the owners within 300 feet in any direction of the boundaries of the property, within the City of Loveland, to be rezoned or otherwise changed by the map amendment. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties. Such written notice shall be provided at least ten days prior to the date of the hearing by hand delivery, or by posting it by prepaid ordinary U.S. mail at the address listed upon the tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in subsection (c) hereof. When the proposed map amendment has been initiated by the City, the City shall provide at its cost the hand or postal delivery provided herein above. When the proposed map amendment has been initiated by a party other than the City, the initiating party shall provide at its cost the hand or postal delivery provided herein above and shall file with the Clerk of Council on or before the date of the hearing an affidavit confirming compliance with the provisions of this section. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of City Council on the map amendment.
(e) Action by Council. Council may approve or disapprove the recommendation of Planning and Zoning Commission by a simple majority. Council may modify the recommendation of Planning and Zoning Commission by a vote of not less than three-fourths (3/4) majority of the full membership of Council. Final action on the amendment must be taken within 35 days, of the close of Council's public hearing; failure to take action within such 35-day period shall constitute disapproval.