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<br />Chapter 1 Development Procedures - Article 5 Zoninl{ Procedures <br /> <br />Council shall determine whether authorization to utilize increased impervious cover, <br />residential density or non-residential square footage within the DTR district should be <br />reinstated, or whether the overlay district should be removed for those portions of the <br />land where a Cluster Development Plan has not been approved or is no longer in <br />effect. In making such determination, the Council shall consider the following <br />factors: <br /> <br />(1) Whether the increased impervious cover, residential density or non-residential <br />square footage authorized by the DTR district remains consistent with the <br />Master Plan; <br /> <br />(2) Whether the increased impervious cover, residential density or non-residential <br />square footage authorized by the DTR district is compatible with existing and <br />planned land uses adjacent to the site; <br /> <br />(3) Whether there are extenuating circumstances justifying the failure to obtain <br />approval for a Cluster Development Plan or plat application during the <br />applicable time period; and <br /> <br />(4) Whether removing the DTR district would constitute confiscation of a vested <br />property right or deprive the owner of the economically viable use of the land. <br /> <br />City of San Marcos, Texas <br /> <br />1-64 <br /> <br />Land Development Code - Final <br /> <br />It <br /> <br />It <br /> <br />'- <br />