The city may enter into a development agreement pursuant to this section only if it finds that:
(A) The development agreement has been duly adopted in accordance with the provisions of this section;
(B) The development to which the development agreement pertains is consistent with the Comprehensive Plan and capital improvements program, zoning regulations, impact fee regulations and other applicable requirements; and the development subject to the agreement contains outstanding features that advance the policies, goals and objectives of the Comprehensive Plan or growth management plan beyond mere conformity, in accordance with the criteria established in the zoning regulations; or the property owner agrees to make contributions of capital improvements for community-related facilities for one or more types of public improvements, which are in excess of the development’s proportionate share of the costs of the facilities needed to serve the development and which thereby advance provision of such facilities to serve the community.
(Ord. 3020, passed 9-10-2013, § 4.55.2)