Recommendations made only by the Planning and Zoning Commission shall be considered for zoning map amendments. All recommendations by the Planning and Zoning Commission for Zoning Map amendments for an SPD shall be consistent with the City of Loveland’s adopted plans, goals, and policies and with the intent of this 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 (1) of the following:
(1) There has been a change in demand for land which alters the information upon which the zoning map is based.
(2) A study indicates that there has been an increase in the demand for land in the requested SPD, and as a result, the supply of land within the City of Loveland mapped as such on the zoning map, is inadequate to meet the demands for such development.
(3) 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.
(4) There is an error in the Code text or Zoning Map as enacted.
(5) The proposed development, based on the land practice is well suited for an SPD.
(b) No residentially zoned district shall be rezoned to a non-residential SPD district unless such proposed rezoning site is contiguous to land in the proposed zoning district classification, unless the property to be rezoned to a SPD is in the process of being annexed, joined or merged with the City of Loveland, in which case the requirements of Section 1123.07 shall apply.
(c) In addition to the findings required to be made by subsection (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.
(2) The suitability of the property in question for the uses permitted under the proposed zoning.
(3) The adequacy of public facilities such as transportation, utilities, and other required public services 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.
(d) 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.
(e) The Planning and Zoning Commission shall make a recommendation as to the regulations of a specific zoning district or districts which shall be applicable to the proposed said SPD in the event that the SPD is silent on specific point or points.
(f) After the close of the public hearing provided for in Section 1151.07(a), the Planning and Zoning Commission shall recommend to Council, in a time period no longer than thirty five (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.
(Ord. 2007-46. Passed 6-12-07.)