Lincoln Municipal Code Ch. 18.86 Periodic Review

(a) The planning commission shall, not less than once every 12 months from the effective date of the development agreement, review the same for compliance with its terms and conditions.

(b) The planning director shall begin the review proceedings by giving notice of the periodic review of the development agreement to each party to the agreement other than the city. He shall give such notice by mail at least 15 days in advance of the time at which the matter will be considered by the planning commission.

(Ord. 415B §1 (part), 1982: Ord. 357B §10.04.010, 1979)

(a) The planning commission shall conduct a public hearing, at which time the party or parties to the agreement, other than the city, must demonstrate good-faith compliance with the terms of the agreement. The burden of proof on this issue shall be upon such party or parties.

(b) The planning commission shall determine upon the basis of substantial evidence whether or not, for the period under review, there has been compliance in good faith with the terms and conditions of the agreement.

(c) After the public hearing, the planning commission shall render its determination in the form of a written report to the city council. If the planning commission determines that there has not been compliance in good faith with the terms and conditions of the agreement, the commission may include in its report a recommendation for the modification or termination of the agreement.

(Ord. 415B §1 (part), 1982: Ord. 357B §10.04.020, 1979)

The council shall place the report of the commission on its agenda at the second regularly scheduled city council meeting following the planning commission meeting at which the report was made.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(a), 1979)

(a) If the planning commission reports that there has been compliance in good faith with the terms and conditions of the agreement for the period under review, the council shall accept the report for filing and shall not take any further action unless:

(1) The council, on its own motion, votes to set the matter for hearing;

(2) An appeal is filed from the determination of the planning commission pursuant to Section 18.94.050.

(b) If the planning commission reports that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review the council shall hold a public hearing to consider the report and recommendation of the commission.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(b), 1979)

Whenever the commission report is scheduled for hearing, notice of such hearing shall be given as provided in Section 18.80.030. Such notice shall provide:

(1) The time and place of the public hearing;

(2) A statement that the planning commission has or has not determined that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review;

(3) A statement that the city council may terminate or modify the agreement at the conclusion of the hearing.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(c), 1979)

At the conclusion of the public hearing, the council may refer the matter to the planning commission for a further report and recommendation or it may make a final determination on whether or not there has been compliance in good faith with the terms and conditions of the agreement. If the council finds and determines, on the basis of substantial evidence, that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review, the council may terminate the agreement or the council may modify the agreement and impose those conditions which it considers necessary and appropriate to protect the interests of the city. Any court action or proceeding to attack, review, set aside, void or annul the final determination by the council shall be commenced within sixty days from the date upon which a final determination is made as set forth in Section 18.02.060.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(d), 1979)