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A. The development agreement shall be recommended for signing only if findings of fact are drawn to support the following:

1. The development is consistent with city development standards; and

2. The development is consistent with the city comprehensive plan; and

3. The property cannot be annexed immediately.

B. Modifications to city development standards may be granted only if findings of fact are drawn to support the following:

1. That special circumstances related to the size, shape, topography, location or surroundings of the subject property do not provide the owner with the development rights and privileges permitted to other similar properties in the vicinity and in the zoning district in which the subject property is located; or

2. That, because of the special circumstances, the development of the property in strict conformity with city standards will not allow a reasonable and harmonious use of the property; or

3. When applying city standards will result in a distinct “discontinuity” with adjacent development which was previously approved or constructed to county standards; or

4. When applying city standards puts the developer in a position where the county will not allow that development to take place. (Ord. 5170 § 1, 1998; Ord. 4872 § 1, 1996.)