Upon receipt of the recommendation from the Planning and Zoning Commission, Council shall schedule, hold and close a public hearing.
(a) Notice of the public hearing 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 (10) 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 of Loveland, the City shall at its cost provide the publication of the said 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 the said notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which said affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
(b) Written notice of the City Council public hearing shall be provided to the owner or 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 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 1151.09(a). When the proposed SPD has been initiated by the City, 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 Clerk of Council 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 City Council on the said SPD.
(c) Upon completion of the public hearing, City 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 3/4 majority vote. Final action on the amendment must be taken within thirty-five days of the close of Council's public hearing; failure to take action within such change to thirty-five period shall constitute disapproval.
(Ord. 2007-46. Passed 6-12-07.)