Council gives preliminary nod to mixed-use zoning on south Philomena

There is a significant difference between zoning and reality.

The only thing zoning accomplishes is to designate what’s permitted to be located on the property being zoned. It doesn’t actually force anything to be located there. It doesn’t actually mean something will be located there.

Several council members made a big deal — perhaps too big a deal — over the fact that they approved Tuesday the very first piece of land in Kyle to be zoned for a mixed use development. The vote to approve the mixed-use zoning was one-part of a three-part deal involving property near the southern tip Philomena Drive. The mixed-use zoning was applied to what is labeled as “Tract 2" in the photo to the left. In the same vote, Tract 1 was zoned for retail services and Tract 3 was zoned for apartments.

It would be wonderful if a mixed-use project became a reality on Tract 2. Personally, I am a big fan of properly-designed mixed-use developments. I personally witnessed how they economically rejuvenated rundown neighborhoods in Dallas, so when I was on the Planning & Zoning Commission I helped develop mixed-use as a zoning designation for Kyle.

According to the definition found in Kyle’s zoning regulations, land zoned for mixed-use will feature “buildings with activity center retail, service, and other commercial uses on the ground and lower floor(s), and residential units above those nonresidential space(s); as well as encourage development that exhibits the physical design characteristics of pedestrian-oriented, store front-style shopping; and promote the health and well-being of residents by encouraging physical activity and greater social interaction.” I know that’s wonky language, but to get an idea of what that language means look at the picture here of the mixed-use development just south of us on Springtown Way in San Marcos.

But, as far as the Philomena Drive project is concerned, I will wait until a design is in place, a contractor is named and ground is actually broken on it before my excitement mounts to the level that a few council members displayed during Tuesday’s regularly scheduled council meeting.

“I am very excited that we finally have a landowner in Kyle that is looking to adopt MXD (the mixed-use zoning designation),” Mayor Pro Temp Rick Koch said. “It’s pretty awesome.”

One thing I am willing to bet on and that’s an apartment complex will be located on Tract 3 (unless, of course, council members try to pull a switcheroo between the first and second readings of this zoning ordinance and, truth-be-told, a couple of them hinted at just that Tuesday). The reason for that is the people behind this project, according to what David Cancialosi of Permit Partners told the council, are primarily developers of apartment complexes. Not only that, developers get a bigger monetary bang for their investment bucks with apartment complexes than many other types of developments. The developers are selling this idea based on their plans not to have the apartments located right on the I-35 frontage road even though an apartment complex is already located on that frontage road just a few hundred yards north of this proposed development.

Council member Dex Ellison was one of those who wondered why both Tracts 2 and 3 couldn’t be zoned for mixed-use. “The only thing that makes me comfortable with it is the mixed-use and retail services are the ones along the interstate and the multi-family is in the back,” he said. But he added “Would there be any consideration for doing a different zoning (on Tract 3)?”

“We really like to do apartments,” Cancialosi replied. “It’s part of the plan.”

Cancialosi conceded, however, he would “confer with my client” before the final reading of the ordinance in order “to bring back a more concise answer.”

Even though this, as was noted earlier, the first piece of land in Kyle to receive the mixed-use zoning designation, it’s doubtful to be developed as the first mixed-use project in the city. That distinction will probably belong to the Uptown Development on the northwest corner of FM 1626 and Kohlers Crossing.

But that project is under the auspices of a development agreement which makes it a reality. And, as I said at the beginning, there is a significant difference between zoning and reality