Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 5: - ZONING PROCEDURES DIVISION 3: - PETITION FOR PLANNED DEVELOPMENT DISTRICT (c) Council Consideration. The Planning and Zoning Commission's recommendation shall be considered by the City Council in accordance with procedures for action upon a petition for a zoning map amendment under Division 1 of this Article 5. The Council shall determine whether the right to submit the Cluster Development Plan or required permit application should be reinstated, or whether the property should be rezoned to another classification. In making such determination, the Council shall consider the following factors: (1) Whether the PD district remains consistent with the MastarCom ensive Plan and any related Neighborhood Character Study; (2) Whether the uses authorized in the PD district are compatible with existing and planned land uses adjacent to the site; (3) Whether there are extenuating circumstances justifying the failure to submit a development plan during the applicable time period; and (4) Whether rezoning the property to another classification would constitute confiscation of a vested property right or deprive the owner of the economically viable use of the land. (d) Council Action. The City Council may take the following actions: (1) Reinstate the right to submit the Cluster Development Plan or required permit application within a time certain, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of land within the PD district; (2) Modify the PD district regulations applicable to the property; or (3) Repeal the PD district for the affected portions of the property and zone the property to another zoning district classification. San Marcos, Texas, Code of Ordinances Page 53