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Kyle approves rezoning ordinance

By Amira Van Leeuwen

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

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

Atwell, LLC’s proposed development consists of three retail/office spaces and two restaurant buildings ranging from 3,500 to19,950 square feet. The site development is proposed with 254 parking spaces, one detention pond and 400 linear feet of hike and bike trail to meet the city’s Overall Parks Plan. 

There will also be a 15-foot wide landscape buffer that will be provided along the north and west property boundary, adjacent to the Kyle 57 subdivision.

After further review, city staff found the rezoning aligned with the current Comprehensive Plan and found it to be an appropriate zoning district for the site. The Planning and Zoning Commission voted to recommend approval of the zoning to the council after a 5-1 vote on Oct. 11. 

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

“That’s a slippery slope, especially knowing that you could put things in there that I don’t think would fit that area,” Flores-Cale said. “It worries me that if I say yes that something may come along that I don’t think is a good fit.”

The uses permitted are as follows:

• Multi-family on the second floor and above shall be permitted by right regardless of base zoning
• Bed and breakfast up to five rooms
• Retail
• Restaurant
• Religious assembly
• Art gallery
• Child care center (outdoor playground allowed)
• Fire/police station
• Professional office
• Funeral home
• Barber/beauty shop
• Convenience/grocery store
• Fuel station
• Nursing/retirement homes
• Veterinarian – without outdoor boarding
• Health and fitness center
• Restaurant with drive-thru
• Financial institution with drive-thru banking

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

Council member Daniela Parsley, however, was concerned because she has had no communication with the developer.

“I really have fears of seeing a drive-thru just like what happened with Taco Bell,” Parsley said. “So, I would like to have more knowledge.”

“The developer gave y’all the opportunity to reach out to him, meet with him. I met with him, so I think I’m good with moving forward with this,” Rizo said. “We’re just working on the zoning. He still has to come back with a plan; we have to approve the plan as well.”

Mayor Travis Mitchell stepped in and reminded the council that they were supposed to be making a decision based on the use.

“As it relates to the comprehensive plan, the community commercial zoning, the reason that Will is saying that it’s the go-to is because it is the absolute bullseye from a land-use standpoint for what is appropriate next to a regional node, like that intersection,” Mitchell said. 

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

Flores-Cale thought a couple uses from the list would be sufficient for the area, but would be more satisfied with retail than community commercial. 

“At the end of the day, rezoning is up to council,” Flores-Cale said. “If they want to come and they want to offer whatever it is they want to offer, and we don’t agree with it, we have a right to say no. I’m not going to try to strong-arm them and tell them this is what it has to be. I can say ‘Hey, I don’t think that’s best use, and I don’t have to give you an explanation.’”

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