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<br />tI <br /> <br />41 <br /> <br />J <br /> <br />Chapter 1 Development Procedures - Article 5 Zoning Procedures <br /> <br />required permit application should be reinstated, or whether the property should be <br />rezoned to another classification. In making such determination, the Council shall <br />consider the following factors: <br /> <br />(1) Whether the PD District remains consistent with the Master Plan; <br /> <br />(2) Whether the uses authorized in the PD district are compatible with existing <br />and planned land uses adjacent to the site; <br /> <br />(3) Whether there are extenuating circumstances justifying the failure to submit a <br />development plan during the applicable time period; and <br /> <br />(4) Whether rezoning the property to another classification would constitute <br />confiscation of a vested property right or deprive the owner of the <br />economically viable use of the land. <br /> <br />(d) Council Action. The City Council may take the following actions: <br /> <br />(1) Reinstate the right to submit the Cluster Development Plan or required permit <br />application within a time certain, subject to any conditions that may be <br />appropriate to ensure that significant progress will be made toward <br />development of land within the PD district; <br /> <br />(2) Modify the PD district regulations applicable to the property; or <br /> <br />(3) Repeal the PD district for the affected portions of the property and zone the <br />property to another zoning district classification. <br /> <br />Division 4: Development Transfer Petition <br /> <br />Section 1.5.4.1 <br /> <br />Purpose, Applicability and Effect <br /> <br />(a) Purpose. The purpose of a development transfer petitIOn is to authorize the <br />simultaneous transfer of residential densities, impervious cover or non-residential <br />square footage from one development site that is to be limited permanently in whole <br />or in part to open space (the granting site) to another development site that is not <br />subject to such constraints (the receiving site). <br /> <br />(b) Applicability. Within the City limits, residential density, impervious cover or non- <br />residential square footage may be transferred from an area proposed to be designated <br />as permanent open space to an area planned for residential or non-residential use that <br />qualifies as a receiving site under this Land Development Code through a petition for <br />establishment of an overlay transfer zoning district for the granting and receiving <br /> <br />City of San Marcos, Texas <br /> <br />1-59 <br /> <br />Land Development Code - Final <br />