     |
Kyle zoning mapPosted February 22, 2007, 12:25 a.m.
|
KYLE – City Manager Tom Mattis went to Tuesday's meeting of the Kyle City Council dreaming of approval for a comprehensive zoning map, the first of its kind in the city since at least 2004, when new zoning codes went into effect.
Before the meeting ended, Mattis knew he would have to wait at least another month, and he never seemed entirely satisfied with the explanation, which amounted, basically, to concerns from councilmembers about the map's accuracy.
Mattis said consultants working for the city went through the city's zones, ordinance by ordinance throughout the city's history. Though Mattis said he couldn't absolutely warrant the map's accuracy, he expressed confidence in the meticulousness and competence that went into the project.
But one landowner raised a hackle during public comments at the top of the meeting, and that was enough to make Councilmember Dan Ekakiadis worry. The controversy thus raised about the city's zoning runs decades back into the city's history and raises questions about the relevance of the city's zoning procedures before and since the city passed its first charter in October 2000.
Mark Zuniga, who owns a tract of land abutting Steeplechase subdivision on Goforth Road east of downtown, expressed his concern that the map shows the property zoned agricultural. Zuniga, an attorney and the son of Kyle developer Manuel Zuniga, insists the property is zoned "light industrial," which is problematic only partly because, he said, the city no longer has a light industrial zoning designation, nor did the 2004 code provide for how light industrial zones would be newly designated.
But the trouble runs even further down. The city charter says zones can be changed only by ordinance and, Zuniga conceded, there might be case law to support that. However, Zuniga said, the city didn't zone by ordinance until adopting the charter. Up until then, Zuniga said, the city changed zoning by amending one catchall-zoning ordinance with resolutions.
Zuniga said the city changed zoning for the property in question by resolution in 1997. In fact, said Zuniga, the family-owned property including the land on which Steeplechase was built and the parcel in question were re-zoned in the same resolution, with the property that became Steeplechase zoned residential and the abutting parcel zoned light industrial.
Although the property was re-zoned by resolution, Zuniga said, the city’s procedures call for the same public notification and public comment required for zoning changes before the adoption of a charter.
Mattis insisted before the city council that the property is still zoned agricultural, adding that Zuniga has an easy remedy if he wants to change the zoning: simply apply to be re-zoned. Mattis added that it's very clear in his mind that zoning can be changed only by ordinance and that the property in question, therefore, was not officially re-zoned from agricultural to light industrial.
Zuniga countered that if the zoning change to his property as of 1997 isn't recognized by the city, then, theoretically, none of the city zones established before the charter are valid, since all were zoned by resolution, rather than ordinance. Zuniga conceded, however, that it's a rather irrelevant point, considering that most landowners in town are satisfied with their zoning, if not completely happy.
Though Mattis said the map doesn't supercede establish or supercede any zoning established in the city, Zuniga said the fact that the property in question is zoned agricultural means anyone shopping for land in Kyle who sees his parcel zoned agricultural will be less likely to inquire about it. Agriculture zoning is the most prohibitive of the zoning categories, allowing no uses except agricultural.
Ekakiadis said he didn't like the idea of putting an official map of Kyle on the city's website if there's any question about his accuracy. The council finally decided to table the map until the second meeting in March so landowners with questions about how their properties are represented can take up their concerns with the city before the map is published.
