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Subpart B - LAND DEVELOPMENT CODE <br />Chapter 1 - DEVELOPMENT PROCEDURES <br />ARTICLE 5: - ZONING PROCEDURES <br />DIVISION 4: - DEVELOPMENT TRANSFER PETITION <br />(2) Whether the increased impervious cover, residential density or nonresidential square footage authorized by the <br />DTR district is compatible with existing and planned land uses adjacent to the site; <br />(3) Whether there are extenuating circumstances justifying the failure to obtain approval for a Cluster Development <br />Plan or plat application during the applicable time period; and <br />(4) Whether removing the DTR district would constitute confiscation of a vested property right or deprive the owner <br />of the economically viable use of the land. <br />(d) Council Action. The City Council may take the following actions: <br />(1) Reinstate the right to develop the land in accordance with the DTR district within a time certain, subject to any <br />conditions that may be appropriate to ensure that significant progress will be made toward development of land <br />within the overlay district; <br />(2) Modify the DTR district regulations applicable to the property; or <br />(3) Repeal the DTR district for the affected portions of the property. <br />San Marcos, Texas, Code of Ordinances Page 57 <br />