Kyle Approves Rezoning Order

By Amira Van Leeuwen

KYLE –After some uncertainty, Kyle City Council has unanimously approved an ordinance that rezones several acres of undeveloped land at 360 Old Stagecoach Rd.

The lot is currently zoned for agricultural purposes and is proposed to be rezoned as a community commercial district.

The development proposed by Atwell, LLC consists of three retail/office spaces and two restaurant buildings ranging from 3,500 to 19,950 square feet. The site development is proposed with 254 parking spaces, a retention pond and 400 linear feet of walking and cycling paths to meet the general park plan of the city.

There will also be a 15-foot-wide landscaped buffer that will be developed along the northern and western boundaries of the property adjacent to the Kyle 57 subdivision.

Upon further review, city staff found the rezoning to be consistent with the current overall plan and an appropriate zoning district for the site. The Planning and Zoning Commission voted to recommend zoning approval to council after a 5-1 vote on October 11.

Council member Yvonne Flores-Cale said she was hesitant because there would be no development deal.

“It’s a slippery slope, especially knowing that you could put things in there that I don’t think would be suitable for that area,” Flores-Cale said. “It worries me that if I say yes, something could happen that I don’t think is appropriate.”

The authorized uses are as follows:

• Multi-family dwellings on the second floor and above are permitted as of right, regardless of basic zoning
• Guest rooms up to five bedrooms
• Detail
• Restaurant
• Religious assembly
• Art Gallery
• Daycare (outdoor play area permitted)
• fire/police station
• Professional office
• Funeral home
• Hairdresser/beauty salon
• Convenience store/grocery store
• Gas station
• Nursing/retirement homes
• Veterinarian – without outside pension
• Health and fitness center
• Restaurant with drive-thru
• Financial institution with drive-thru banking

Pro Tem Mayor Robert Rizo, who met with the developer, said he had no problem voting for the rezoning.

Council member Daniela Parsley, however, was concerned as she had no communication with the promoter.

“I’m really scared to see a drive-thru like what happened with Taco Bell,” Parsley said. “So, I would like to have more knowledge.”

“The developer gave you all the opportunity to contact him, to meet him. I met him, so I think I’m good to go ahead with that,” Rizo said. “We’re just working on zoning. He still has to come back with a plan; we also have to approve the plan.

Mayor Travis Mitchell stepped in and reminded council that they were supposed to make a decision based on usage.

“In terms of the overall plan, the community commercial zoning, the reason Will says that’s the ideal solution is because that’s the absolute target from a land use perspective as far as appropriate next to a regional node, like this intersection,” Mitchell said.

“At some point, you have to rely on your code to dictate how development can happen, as opposed to point zoning, which is basically saying you have to show me what you’re going to build before you say yes, which is against the law unless it’s developed under a development agreement that often bypasses zoning,” he continued. “If you’re not going to vote for community commerce, I can’t imagine this council wanting to vote yes to any other zoning category.”

Flores-Cale thought a few uses of the list would be enough for the region, but would be more content with retail than community commerce.

“Ultimately, rezoning is up to council,” Flores-Cale said. “If they want to come and they want to deliver what they want to deliver, and we don’t agree with that, we have the right to say no. I’m not going to try to force them and tell them it’s the right thing to do. I can say “Hey, I don’t think that’s the best use, and I don’t have to give you an explanation.”

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