1151.07 TRANSMITTAL TO PLANNING AND ZONING COMMISSION.
   Following the adoption of a resolution Section 1151.02(b)(1) by City Council for consideration of a Zoning Code text and map amendment for an SPD, the resolution including written findings of fact, a concept plan and development guidelines, and an application shall be transmitted to the Planning and Zoning Commission. At the time that the City Council findings and guidelines are received by the Planning and Zoning Commission, a presentation by the applicant shall be made to introduce the requested zone change to the Planning and Zoning Commission and to allow for an exchange of information to clarify the nature of the proposed SPD.
   (a)   Public hearing by Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing to consider the zoning text and map amendment for the creation of an SPD.
   (b)   Notice of Public Hearing in Newspaper. Before holding the public hearing provided for in Section 1151.07(a), notice of such hearing shall be given by publication of a notice in a newspaper of general circulation in the city at least once, ten days prior to the meeting. This notice shall set forth the time and place of the public hearing and the nature of the proposed amendment. When the proposed action has been initiated by the City of Loveland, the City of Loveland shall at its cost provide the publication of the notice. When the proposed action has been initiated by a party other than the City of Loveland, the initiating party shall provide at its cost the publication of said 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.
   (c)   Written Notice. Written notice of the public hearing referenced in Section 1151.07(a) shall be provided to the owners of the real property within the area of the proposed SPD and to the owner or owners within three hundred feet (300’) in any direction of the boundaries of the proposed SPD. For the purposes of this section, the words “owner and owners” shall mean those persons appearing on the County's current tax duplicate as the owner or owners of fee simple title to the said real properties. Such written notice shall be provided at least ten (10) days prior to the date of the hearing by hand delivery, or by posting same by prepaid ordinary U.S. Mail, at the address listed upon the said tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in Section 1151.07(b). When the proposed SPD has been initiated by the City of Loveland, the City shall provide at its cost the hand or postal delivery provided hereinabove. When the proposed SPD has been initiated by a party other than the City of Loveland, the initiating party shall provide at its cost the hand or postal delivery provided hereinabove and shall file with the Planning and Zoning Commission on or before the date of the said 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 the Planning and Zoning Commission and/or City Council on the said SPD.
(Ord. 2007-46. Passed 6-12-07.)