§ 53-891 Purpose.

§ 53-892 Districts and boundaries.

§ 53-893 Conditional use permit required.

§ 53-894 Jurisdiction and procedure.

§ 53-895 Application and fees.

§ 53-896 Standards for review.

§ 53-897 Repair or maintenance exception.

§ 53-898 (Reserved) [1]

§ 53-899 I-35 overlay district development standards.

(a) 

Purpose.

The I-35 overlay development standards are intended to be concise and user-friendly. The development review process is intended to be predictable and flexible, and to facilitate the timely approval of projects that conform to the general development principles outlined in the comprehensive master plan for I-35.

The requirements outlined in this document are intended to implement the vision, goals, policies and objectives outlined in the comprehensive master plan and to ensure new development incorporates the following:

•	Development that does not turn its back to I-35 and other major arterials and in cases when it has to that the back it presents is as attractive as possible.
•	Streets and sidewalks that form a connected network, providing a variety of pedestrian and vehicular routes to any single destination in and out of the development.
•	Building facades that create visual interest through horizontal and vertical articulation with windows, multiple entrances facing streets and sidewalks, and minimizing blank walls.

(b) 

Background.

In 2010 the City of Kyle adopted a comprehensive master plan that contains a variety of elements which shape the requirements outlined in this document. The urban design plan (UDP) is a component of the comprehensive master plan, which provides direct guidance regarding development within the public and private realm.

The UDP complements land use and zoning regulations by providing a more specific depiction of community, project and building attributes by establishing three different design conditions (urban, transitional, and rural). It is strongly recommended that property owners and developers review the urban design plan in conjunction with this document.

(c) 

Applicability.

(1) 

Location:

These standards apply to all new non-residential development within the I-35 overlay district.

(2) 

Exemptions:

These standards do not apply to the following:

•	Change in use of an existing structure or expansion of an existing use that is lawfully permitted by the underlying zoning district.
•	Use or development for which only a single-family residential building permit or certificate of occupancy is required.
•	Rehabilitation of an existing building or structure that does not change the use or enlarge the building or structure.

(3) 

Relationship to other regulatory documents:

The I-35 overlay district standards supplement the base zoning district classification. Whenever there is a conflict between the I-35 overlay district requirements and other sections of the City of Kyle Zoning Ordinance or other applicable regulations, the more restrictive requirement shall prevail.

(4) 

Variances:

Any variances to the standards within this document shall be reviewed by the planning and zoning commission and appeals of the commission's decision shall be reviewed by the city council.

(5) 

Review and approval:

The review of the following standards shall take place at the time of site development and building permit review.

(d) 

Uses.

The permitted uses of the property shall be determined by the use regulations set forth in the base zoning district for the property except as follows:

(1) 

All motor vehicle and trailer sales, displays, rentals or leasing are prohibited from operating outdoors in the I-35 overlay district. This includes, but is not limited to, the sale, rental and leasing of cars, trucks, vans, motorcycles, water craft, recreational vehicles, all-terrain vehicles, OHV vehicles, buses, trailers, farm and lawn equipment, construction equipment, demolition equipment, commercial vehicles, limousines, and all other similar vehicles not listed. This description of outdoor vehicle sales applies to this entire section, including the "Exceptions" subsection.

(2) 

Exceptions.

Motor vehicle sales, rentals, and leasing as described in this section are permitted within a covered, enclosed building, following city council approval of a conditional use permit. In all cases, all sales inventory and sales display models must be stored and presented for sale/lease/rental within a covered, enclosed building.

Land uses in operation at the time of adoption of this provision must operate in accordance with section 53-1140, nonconforming uses, Code of Ordinances, City of Kyle.

(e) 

Site standards.

Intent: The purpose of the site standards outlined within this document are to create development patterns that welcome motorists, pedestrians, and cyclists while establishing development standards that visually and cognitively establish a separation from the ordinary interstate landscape. Development within the I-35 overlay district should have a "front door" feel in the way they address or face the roadway. The layout of parking areas and buildings should promote safe and efficient pedestrian travel.

The following standards are intended to:

•	Enhance and protect Kyle's character through clear development design goals and policies and minimum design standards.
•	Protect and promote Kyle's long-term vitality through design standards that encourage high quality development, while discouraging less attractive and less enduring alternatives.

(1) 

Sidewalks.

A minimum of a five-foot sidewalk is required along all public streets. Street trees on an average of every 40 feet shall be planted between the street and the sidewalk within a tree planting zone of no-less than seven feet wide (trees may be clustered without a reduction in the overall number of trees). Sidewalks and trees are to be installed within the public right-of-way. Sidewalks and street trees may be installed within private property if not feasible to construct within the right-of-way due to limited width, location of utilities, or other public agencies.

(2) 

Screening.

Loading areas must be fully screened from view of public ROWs and residential districts (a minimum of a 14-foot screening wall must be provided for all loading areas). Wing walls, landscape screens, changes in building orientation, and/or other architectural elements must be used to buffer loading docks and mechanical equipment. Waste and recycling disposal areas must be screened from public streets, pedestrian gathering areas, and primary entrances with walls and/or landscaping.

Wing wall used to screen loading dock.

Example of unscreened utility and waste disposal areas.

(3) 

Utilities.

Utility boxes greater than two feet tall cannot be placed in the clear vision area, or interfere with use of streets, alleys, sidewalks, and bicycle paths. When utility equipment is required by the electric company to be placed in clear vision of streets, alleys, or sidewalks written notice of the requirement from the electric company must be submitted with the site plan along with a landscaping plan for the screening of the utility equipment. Utility boxes must be a uniform earth tone color or if mounted to a building shall match the wall color upon which the box is located.

(4) 

Utility equipment screening.

Utility equipment located adjacent to a public street, viewable from a public street or circulation path or in an area frequently seen by the general public must be screened with a wing wall architecturally integrated into the host structure or evergreen landscaping.

(f) 

Siting and orientation.

(1) 

Blank walls.

Blank walls adjacent to a public street, sidewalks, trails, or interior pathways are prohibited. Design methods to eliminate blank walls can include:

•	Transparent windows or doors.
•	Display windows.
•	Decorative accent lighting.
•	Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall. Such planting areas shall include planting materials that are sufficient to obscure or screen at least 30 percent of the wall's surface within three years.
•	Installing a vertical trellis in front of the wall with climbing vines or plant materials sufficient to obscure or screen at least 30 percent of the wall's surface within three years. For large areas, trellises should be used in conjunction with other blank wall treatments.
•	A repeating pattern of wall recesses and projects, such as bays, offsets, reveals or projecting ribs, that has a relief of at least eight inches.
•	A repeating pattern of pilasters projecting from the facade wall by a minimum of eight inches or architectural or decorative columns.
•	Architectural details such as arches, friezes, tile work, murals, or moldings.
•	Changes in plan with a depth of at least 24 inches, either diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more than 100 feet.* When not in conflict with the minimum articulation requirements of section j—building requirements.
•	Enhanced exterior light features such as wall sconces, decorative light coves with concealed light sources, decorative lighting, ground-mounted accent lighting, or decorative pedestal lights.

(2) 

Orientation to streets.

The primary facade and pedestrian entrance of a building must be oriented towards the public right-of-way or courtyard. If a building cannot have its primary entrance facing a public right-of-way, then the requirements for the facade facing the public right-of-way shall include the following:

•	Excluding window glazing, employ the same design character and colors as the building facade with the primary entrance; or
•	Utilize architectural treatments, detail and scale elements such as canopies, that are consistent with the primary building facade.
•	Enclose dumpsters, recycle bins and compactors with screening walls that match materials, style and colors of the adjacent building.
•	Locate dumpsters and service areas on the side of the buildings.
•	Screen service areas, including storage, meter banks, HVAC equipment, generators and similar equipment with screening walls and landscaping.

(3) 

Orientation to walkways.

One main building entrance must open directly onto a connecting walkway with pedestrian frontage.

(4) 

Circulation.

Circulation patterns must be as simple as possible. All likely pedestrian routes must be considered in the design phase of a development to prevent shortcuts through parking and landscape areas. An internal pedestrian walkway, ADA accessible, at least six feet wide must be provided from the perimeter public sidewalk to the primary public entrance.

Example of an integrated pedestrian circulation system. Note the connection from the street, between buildings through parking lots and adjacent sites.

(5) 

Conflict points.

Internal pedestrian walkways must be distinguished from driving surfaces by textured pavement or painted pavement and lighting.

An example of a walkway with bollards that include light fixtures to clearly identify the pedestrian access.

(g) 

Water bodies and detention/retention areas.

Shape. Detention and water quality ponds shall utilize earthen berms and be designed with a curvilinear contoured shape. Any structural stabilization shall be limited to the use of native stone (except for outlet structure) and shall be limited to not more than 30 percent of the perimeter of the pond and shall be seamlessly integrated with landscape.

Natural and manmade water bodies at least 20,000 square feet in size placed next to a public right-of-way must be integrated into the overall design of a project in one of the following ways:

•	Provide a walkway, with native trees on average 25-foot centers.
•	Provide a public access area with covered structure and seating and appropriate pedestrian access.
•	Provide a plaza or courtyard with shaded benches and/or picnic tables next to the water body.

If a dentition pond or water quality pond is not visible from or adjacent to a public or private street, sidewalk/trail, commercial or residential used or zoned property, circulation path, parking lot, or courtyard than shape and stabilization requirements shall not apply.

(h) 

Parking lots.

(1) 

Large parking lots must be visually and functionally segmented into smaller lots with no more than 250 parking spaces per parking area. For every parking area a minimum of a 15-foot landscape median/divider shall be installed to help break up "rooms" of large parking fields. These medians shall contain pedestrian walkways to offer safe, marked routes between parking spaces and building entries.

(i) 

Outdoor display/storage.

(1) 

Outdoor display of merchandise is permitted when such display is of merchandise from a permanent business located in a permanent legal structure on site and such display is limited to not more than 30 percent of the gross floor area of the building which houses the business displaying such merchandise.

(2) 

Display is not permitted within required setbacks. Except for items that would normally be utilized and stored outside, outdoor display shall occur only during the business hours of the applicable business establishment.

(3) 

Outdoor storage and container storage are permitted as an accessory use as follows:

a. 

Such storage does not exceed 20 percent of the gross floor area of the primary building that houses the business storing such materials,

b. 

Such storage or container is located no closer to a street frontage than the primary building that houses the business storing such materials,

c. 

Such storage or container is screened from view from adjacent properties,

d. 

Such storage or container is not permitted within required setbacks.

(j) 

Building requirements.

(1) 

Materials.

Buildings constructed shall have a minimum of 90 percent masonry walls as defined below. The City of Kyle would like to encourage and support the use of red brick and white limestone, as used on Kyle City Hall. Retail buildings utilizing red brick and white limestone on 90 percent or more of new buildings shall be allowed a ten percent reduction in glazing requirements and shall be allowed an uninterrupted length of up to 40 feet rather than 30 feet. Non-retail buildings utilizing red brick and white limestone on 90 percent or more of new buildings shall be allowed a reduction of 50 percent of the required number of building front design features.

Masonry shall be defined to include the following:

•	Brick.
•	Natural stone.
•	Concrete masonry units (decorative)*.
•	Stucco/plaster/synthetic stucco to be used in detail applications only.
•	Concrete sandblasted, textured and painted.

The ten percent of the exterior walls not included in masonry requirements may be covered with a variety of materials that could include but not limited to non-reflective corrugated steel panels, wood, prefinished metal panels, glass block, or other materials that are compatible with the overall design and use for the specific areas in which they are placed.

* Includes highly textured finish, such as split faced, intended, hammered, fluted, ribbed or similar architectural finish.

(2) 

Four-sided design.

All walls must include materials and design characteristics consistent with those on the front of the building and/or same design character.

Exterior walls facing a driveway, public ROW, courtyard, sidewalk or circulation path or residential district or residential use cannot have a blank, uninterrupted length greater than 30 feet without including two or more of the below features. Buildings over 50,000 square feet shall not be allowed an uninterrupted length greater than 50 feet without including two or more of the below features:

•	Change in plane;
•	Change in texture;
•	Masonry pattern;
•	Windows; or
•	Other equivalent element(s) that subdivide the wall into human scale proportions.

Side or rear walls which do not face a driveway, public ROW, sidewalk, circulation path, courtyard, residential district or residential use shall maintain the same materials with those on the front of the building but are not required to adhere to the uninterrupted length requirement outlined above.

(3) 

Roof.

The continuous plane of a roof line cannot be more than 100 feet. All roof mounted mechanicals must be screened from public view.

(4) 

Building massing and form.

a. 

Retail.

A single large dominant building mass must be avoided in new buildings. Buildings shall be constructed to one of the following two standards:

Option 1.

Thirty percent of the wall area below ten feet as measured from the finish floor level of the facade's entry shall consists of glazing (windows/doors).

Windows shall have a maximum exterior reflectivity of 20 percent.

Option 2.

A minimum of 25 percent of the front primary building facade shall consist of window or door openings. Window and door areas of the front facade may be reduced to 15 percent of area of facade if one additional architectural feature is added beyond the requirement.
All building fronts shall have at least five different design features to break the wall plane, buildings under 100,000 square feet in size shall have at least five different design features, and buildings over 100,000 square feet shall have at least six different design features.
The following are examples of the types of design features that shall be utilized: horizontal off-sets, recesses or projections, porches, breezeways, porte-cocheres, courtyards, awnings, canopies, alcoves, recessed entries, ornamental cornices, display or other ornamental windows, vertical "elevation" off-sets, decorative accent lighting, peaked roof forms, arches, outdoor patios, architectural details such as tile work or moldings integrated into the facade, a clustered landscape zoned with integrated planters or wing walls, accent materials, varied roof heights, premium roofing materials such as tile or standing seam metal.
All retail anchor stores, at least 25 percent of the stores in a shopping center, and freestanding, single-use buildings, must have a clearly defined, highly visible customer entrance with four or more of the following elements:
•	Arcades;
•	Arches;
•	Canopies or porticos;
•	Details such as tile work and moldings integrated into the building structure and design;
•	Display windows;
•	Integral planters or wing walls that include landscaped areas and/or places for sitting;
•	Outdoor patios;
•	Overhangs;
•	Peaked roof forms;
•	Raised corniced parapets over the door;
•	Recesses and/or projections.

b. 

Non-retail/office buildings.

All building fronts shall have at least five different design features to break the wall plane, buildings under 100,000 square feet in size shall have at least five different design features, and buildings over 100,000 square feet shall have at least six different design features. The following are examples of the types of design features that shall be utilized:

Horizontal off-sets, recesses or projections, porches, breezeways, porte-cocheres, decorative accent lighting, courtyards, architectural lighting, change in materials, awnings, canopies, alcoves, recessed entries, ornamental cornices, display or other ornamental windows, vertical "elevation" off-sets, peaked roof forms, arches, outdoor patios, architectural details such as tile work or moldings integrated into the facade, integrated planters or wing walls, accent materials, varied roof heights, premium roofing materials such as tile or standing seam metal, or similar design features approved by the director of planning and appealable to the planning and zoning commission.

Warehouse, mini-warehouse and overhead (commercial service) doors shall not be oriented so as to face a street(s) or residential property or shall be screened from view from the street(s) or residential property unless approved by the director of planning, appealable to the planning and zoning commission, determines that there is no other feasible.

(k) 

Walkway width and design.

Sidewalks and walkways along the facades of mixed-use and retail buildings 100 feet or more in length (measured along the facades) that are not located adjacent to a street must be at least 12 feet wide (eight feet of the sidewalk shall remain unobstructed) and include the following:

•

Trees shall be placed at an average of 30 feet on-center and placed in grates (except where trees are placed in planting strips). Breaks in the tree coverage will be allowed near major building entries to enhance visibility. However, no less than one tree per 60 lineal feet of building facades must be provided.

(l) 

Garage doors.

•	Garage bay doors must be segmented, with windows covering at least 50 percent of the garage surface. Garage doors must be recessed at least two feet behind the building facade.
•	Vehicle service areas and bays must be screened or sited so visibility from the public right-of-way is as low as possible. Bay doors cannot face a public street.
•	Garage bay doors must be integrated into the overall design of the site with color, texture, and windows.

(m) 

Open space.

Intent: To provide a variety of accessible and inviting areas for outdoor dining, socializing and relaxing in commercial areas and to enhance the pedestrian environment.

All commercial developments, three acres or more in size, shall incorporate open space on-site. This could include a single public open space for larger developments or a variety of pedestrian-oriented spaces.

These are predominately hard-surfaced, plaza or courtyard type spaces. Pedestrian-oriented space shall have the following:

•	Pedestrian-scaled lighting (no more than 15 feet in height) may be on-site or building-mounted lighting.
•	Be sited in areas with significant pedestrian traffic to provide interest and security, such as adjacent to a building entry.
•	Integrate landscaping features that add interest to the space.
•	Pedestrian amenities, such as a water feature, drinking fountain, tables, and/or distinctive paving or artwork.
•	Pedestrian-oriented building facades on some or all buildings facing the space.

(Ordinance 717, § 2(Exh. A), adopted 12/18/2012; Ordinance 940, § 2(Exh. A), adopted 4/4/2017)

§ 53-900 The Vybe.

The VYBE KYLE Trail-Oriented Development

Background

As the City of Kyle continues to grow at unprecedented rates, the demand from its citizens for quality of life has grown exponentially. In particular, the demand for a robust trails network has continued to grow as evidenced in the annual household survey report. With development occurring so rapidly, it is imperative that the city accelerate the planning and construction of its citywide trail network. The city has worked with the private sector, state departments, and others to pave the way for the adoption and implementation of this trails master plan. The city has also held open houses and other forums to collect resident input, and a task force was created to identify best practices that have helped shape this plan that follows.

The City of Kyle Trail's Task Force and Kyle City Council have thoroughly investigated world-class trails systems to bring together best practices in the development of the Kyle Trails Master Plan. This trails plan forms the living framework of an ambitious trail system which will define the future of the City of Kyle.

Research suggests that the best urban/suburban trail systems bring people together while offering a variety of experiences and entertainment. The best trails also provide many opportunities for recreation, exercise, and even transit.

The Kyle trail system is an extension of the city's park system, and is meant to connect people to recreation, commerce, and neighborhoods. Every resident of Kyle should be able to access the trail from a trailhead that is close to them. Every resident should have access to commercial nodes, or Vybes, that offer a unique experience of shopping, dining, relaxation, and fun. This connection to Vybes has led to the recommended name of the trail system as The Vybe.

Trail-Oriented Development

Trail-oriented development (TOD) is a land use pattern and development style with unique characteristics based on the proximity and relationship of property to a regional trail facility, including trailheads which can function as catalysts for mixed use development. Special regulations and plans are developed to take advantage of the development potential in each catalyst area.

On The Vybe, shopping centers, restaurants, neighborhoods, parks, and other areas along the trail should be oriented toward the trail rather than the automobile. Foot traffic equals retail sales and proximity to people equals experiences. Developments along The Vybe are encouraged to face the trail as well as to provide destination placemaking activities. These Vybes can include micro-breweries, stages, art, restaurants, retail, playgrounds, water features, recreational opportunities, natural or geographical features, etc. In a nutshell: destinations. Kyle residents deserve the highest quality of life which they will be able to obtain via The Vybe.

The Vybe is greater than the sum of its parts. It's a living system that continues to grow with more individual Vybes and greater use. To encourage as much use as possible, the built trail will be constructed 12 feet in width to accommodate golf carts and other neighborhood electric vehicles. This width provides plenty of safe space for all to enjoy the trails. The trail will have two-foot clear zones on each side for additional safety, utility placements, and maintenance.

The attached exhibit shows The Vybe including proposed locations for individual Vybes. Multiple developments along The Vybe are already working on plans to incorporate TOD in their designs. These unique Vybes make the trail a destination for locals and visitors alike and may form the basis for the city's future branding efforts. The exhibit also shows proposed locations for trailheads which include bathrooms, parking, and charging stations.

Vybes: Individual Destinations Along The Vybe

The Vybe is much more than a trail system—it is a unique experience and destination for locals and tourists alike. To preserve its unique character and destination appeal, each Vybe Spot along the trail must have a placemaking attraction that cannot be found anywhere else along The Vybe. Developers and business owners are encouraged to answer the question, "What is so unique within my individual Vybe to attract people from another Vybe, their homes, or from out of town?" To provide a framework to answer this question, the city has determined that The Vybe should follow the theme: the cultural trail.
The Vybe transports people from unique culture to unique culture through experiencing different Vybes. Each Vybe Spot must demonstrate how it is culturally unique from all other Vybe Spots along The Vybe. This determination is made prior to the Vybe Spot receiving final approval for development. Vybe Spots are encouraged to adopt a culture and inherit said culture's attributes via the built and experienced environment. Cultural elements may include unique:
•	Food
•	Architecture
•	Music
•	Art
•	Geography
•	Theater
Cultures could include:
•	Western
•	Pacific Islander
•	Far Eastern
•	Southern
•	European
•	African
•	Asian
•	Russian
•	German
•	Etc.
Cultures can also take on additional significance, such as decades (40's, 70's, 90's), historical events (Crusades, Medieval, Roman), themes (Robin Hood, Space and Planets, Sports), etc. Ultimately there are countless ways to develop a unique thematic draw utilizing cultural significance. The key is to develop an environment that is significant, interesting, and destination-worthy.
Much latitude is provided to each development to encourage variety and attraction, but each Vybe is encouraged to include: decorative pavers in the herringbone configuration, raised speed tables, grand entry signage, sufficient golf cart and vehicular parking, and charging stations. To encourage continuity along The Vybe and avoid visitor confusion, all Vybes should include activities throughout the day until 9:00 p.m. Certain restaurants and other retail establishments may open earlier and close later.
The City of Kyle has a unique architectural style that should be incorporated as much as possible throughout the city. In particular, developers should consult the city's outsourced architectural firm to ensure cohesion of design while remaining unique to the Vybe. Developers wishing to build Vybes can approach the City of Kyle for special district financing. Restaurants within Vybes may also be eligible for the city's restaurant incentive program.

Look and Feel

The Vybe will feature multiple distinct environments such as urban, natural, wooded, residential, commercial, etc. Vybes should also include unique signage, raised speed tables with the herringbone brick pattern (Kyle Style), art installations and other features to differentiate themselves from other Vybes. Along The Vybe certain features may include community gardens, enhanced landscaping, benches, swings, ponds, fitness stations, etc. To encourage visual variety as well as to enhance safety, long sections of trail should be built with a slight serpentine design.

Built trail segments through wooded areas or close to landscaping should be installed with a two-foot root barrier to avoid future heaving of individual panels. Plantings should be kept at least two feet from the trail to avoid branches and root intrusion. Areas throughout Kyle where additional trail space is available should also include natural walking trails as much as possible. These trails may be made up of other surfaces such as crushed granite or natural surfacing. Natural areas should be cleared and maintained to minimize root, branch, and other hazards. Natural trail segments should also be planned with enough distance from the built trail to maximize enjoyment on each trail type.

The Vybe will keep signage and pavement markings to a minimum. However, it will feature smart light poles every 100 feet to 125 feet (or per manufacturer's recommendations) per the cross section on the City of Kyle engineering webpage. These poles will include charging ports, wi-fi, security cameras, and LED lights. Power for each pole is made available via an electrical conduit that is installed during trail construction. A second conduit will also be installed for middle-mile fiber optic cables. A third conduit should be installed for future utilities. Where needed, the trail easement will also be utilized for reclaimed water and other utility needs.

Underpasses should be built with a minimum 12 feet by 10 feet (12 feet wide by 10 feet tall) concrete box culvert. RGB LED lighting should be installed in each culvert and underpass. Bridges over the railroad and creeks should be built with steel and include decorative design elements. Engineering will be needed for culverts and bridges, as well as other areas which may need additional design work to accommodate waterways or ADA accessibility. The Vybe may be built through ephemeral creek channels and closed during rain events.

Depending on their location, trail segments may need to be built with reinforced steel. This is most likely needed in clay soils and waterways. Retaining walls may be built utilizing Redi-Rock or decorative jersey barriers.

Vybe Principles

•	Create a compact development pattern to function as an active trailhead at Vybe Spots which shall function as gateways and with sufficient density to support the use of the trail system and serve as a catalyst for adjacent development.
•	Each Vybe Spot shall have primacy towards multi-modal (e.g. biking, EV's and/or pedestrians) focus of the development strategy without excluding automobiles.
•	Each Vybe Spot shall promote active places and complete communities that service daily needs, regional needs, support corporate, cater to visitors, and where people feel a sense of belonging and pride.
•	Vybe Spots include engaging, high quality public spaces (e.g. parks, plazas, art, and other amenities) as organizing features and gathering places for each Vybe Spot.
•	Encourage a variety of higher density housing types (including vertical mixed use) near Vybe Spots that can accommodate a broad range of Kyle residents.
•	Incorporate retail into the Vybe Spot if it is a viable use at the location without the transit component, ideally drawing customers both from both the Vybe and the greater region.
•	Ensure compatibility and connectivity with surrounding neighborhoods.
•	Integrate creative parking strategies [into the Vybe Spot to reduce the sense of auto domination and accommodate the charging of electronic vehicles].
•	Recognize that each Vybe Spot is not the same; each trail-oriented development is located within its own unique development environment and serves a specific purpose in the vibrancy, sustainability, and resiliency of that environment.

Jurisdiction

The Kyle Vybe shall include the existing and proposed trails as set forth in the transportation master plan update approved by city council on 9/7/2021. In addition, the proposed elements shall extend a maximum of 2,500 feet from Kyle Vybe Spot trailheads area shown on the attached maps, which shall function as the catalyst for trail oriented development ("TOD") nodes, and gateways to the vast and expansive trail system.

Authority

The attached exhibit shows The Vybe including Vybe trailheads.

Application

Zoning Category	Abbreviation	Use Qualification
Agricultural District	A	Recommended
Central Business District 1	CBD-1	Recommended
Central Business District 2	CBD-2	Recommended
Construction/Manufacturing	C/M	Not Recommended
Entertainment	E	Recommended
Hospital Services	HS	Recommended
Manufactured Home	M-1	Recommended
Manufactured Home Subdivision	M-2	Recommended
Manufactured Home Park	M-3	Recommended
Single-family Residential 1	R-1-1	Recommended
Single-family Residential 2	R-1-2	Recommended
Single-family Attached	R-1-A	Recommended
Residential Condominium	R-1-C	Recommended
Residential Townhouse	R-1-T	Recommended
Residential Two-family	R-2	Recommended
Multi-family Residential 1	R-3-1	Recommended
Multi-family Residential 2	R-3-2	Recommended
Apartments Residential	R-3-3	Recommended
Retail/Service	R/S	Recommended
Recreational Vehicle	RV	Not Recommended
Transportation/Utilities	T/U	Not Recommended
Urban Estate District	UE	Recommended
Warehouse	W	Not Recommended

Methodology

Each Vybe may have land use (including tenants that could be prioritized based on proposed development proposals), trail improvements and connections, related public space/open space, and related infrastructure recommendations.
TOD Recommendations: The goal of developing these concept plans will be to identify design and development priorities and recommendations that can better align the land use vision with TOD recommendations. More specifically, on how the trail connects to the private development opportunities in a way to create value, visibility, and maximize placemaking opportunities. Each Vybe location will have specific recommendations to implement the TOD vision categorized as follows:
•	Land use and merchandizing strategy,
•	Placemaking and urban design,
•	Regional and local bike/ped connectivity, and
•	Infrastructure-related recommendations.
Implementation recommendations: For each TOD, the planning team will recommend a land use/zoning strategy for implementing The Vybe. These are specific recommendations as new development projects are considered by the city's zoning change process. Additionally, the team will make recommendations for capital improvements and funding options to facilitate the TOD vision. Finally, for The Vybe strategy to be successful, the city will need a branding and marketing strategy to capitalize on its TOD strategy as a unique characteristic of Kyle's identity.

Safety

Many modes of recreation are allowed on The Vybe, including golf carts, neighborhood electric vehicles, personal scooters, running, jogging, walking, cycling, skateboarding, and roller blading. Any motorized or electric vehicle must be governed at 20 MPH and be street legal to ensure safety. All vehicles must be permitted through the City of Kyle. Individuals 15 years old (with a valid learner's permit) and older may operate a motorized vehicle on The Vybe. Golf carts always yield to bikes and both to pedestrians.

In areas where motorized trail vehicles utilize the city's road network, all operators must hug the right edge of the roadway. These vehicles may not travel on roadways signed above 35 MPH. Vehicles may not drive on city sidewalks unless specifically authorized. ATV's and automobiles are not permitted on The Vybe.

The Vybe is being designed to minimize roadway crossings as much as feasible. Where crossings must occur, safety beacons such as HAWK Signals should be implemented. The Vybe has been planned along greenbelts, under bridges and culverts, along easements, etc. to minimize vehicle conflicts. However, in the event a trail segment cannot be feasibly constructed, motorized vehicles will be able to utilize local roadways at or under 35 MPH while pedestrians will take advantage of narrower sidewalks. Such utilization of existing roadways also reduces construction costs for trail construction. The Vybe is not intended to function as an alternate transportation network.

Policies/Ordinances

To ensure the success of The Vybe, the City of Kyle may need to amend certain ordinances and develop additional policies. Ordinance revisions may include altering the parking ratio for developments, allowing two golf cart stalls to substitute for every required vehicle stall. Golf cart parking should be encouraged closest to retail and dining establishments for both safety and convenience.

The Vybe should be included as a critical component of each of the city's master plans and be available as a public layer through the city's GIS and website. A navigable map should be developed and included as part of the city's mobile app. A registration fee should be required every three years for golf carts and neighborhood electric vehicles.

All individuals and vehicles utilizing The Vybe must comply with the city's noise ordinance. The Vybe should be marketed for economic development and tourism purposes, not only for Vybes but for complementary businesses.

Constructing The Vybe

This current exhibit shows 80+ miles of proposed golf cart trails with 13 miles of sidewalk connectors already in place. Additionally:

As much as possible, the cost of engineering and construction is born by individual developments and Vybes. Developers may petition assistance from the city in the form of special financing and incentives.

The city's engineering department has developed a cross section for the 20-foot easement or ROW.

Developments including Vybes can immediately incorporate recommendations from this plan into their designs and may begin construction, following approval of a conditional use permit or PUD zoning, and associated subdivision and/or site development permit approval.

Maintenance

As the Vybe is continually developed, ongoing maintenance will be paramount to ensure safety and cleanliness. The city has a trails maintenance crew to oversee this process. Additionally, adjacent structures to The Vybe such as benches, equipment, signage, light poles, bridges, culverts, etc. should be routinely inspected. By utilizing concrete to construct The Vybe the trail will have much greater longevity than utilizing other surfaces. However, concrete panels may heave, spall or crack which will require panel replacement.

Sections of The Vybe through HOAs and Vybes should be maintained by the underlying property owners. The city should require and enforce ongoing maintenance to ensure all trail sections are level, clean and in good repair. The Vybe should be inspected continuously to ensure proper function and cleanliness. The city's parks and recreation board should be involved in recommending policy and ordinance revisions to the city council.

Benefits

No other single type of investment impacts as many aspects of our lives, including health, safety, mobility, recreation, environment, and economic development. More than 140 studies have shown the benefits of trails and greenways (https://headwaterseconomics.org/trail/).
In particular, findings include:
•	Trails can generate business impacts and create new jobs by attracting visitors, especially overnight visitors.
•	Local trail users often use community trails multiple times per week, and trails are a valuable part of residents' quality of life.
•	Trails are often associated with higher property value, especially when a trail is designed to provide neighborhood access and maintain residents' privacy.
•	Trails are associated with increased physical activity and improved public health, especially in rural places without other safe places to exercise.
•	A recent study found that, on average, every $1.00 of trail construction supports $1.72 annually from local business revenue, sales tax revenue, and benefits related to health and transportation (https://itre.ncsu.edu/focus/bike-ped/sup-economic-impacts/).

The Vybe Approval Process.

The city council may by ordinance, adopted by four affirmative votes after receiving the recommendation of the commission, grant a conditional use permit in compliance with this division for the conditional uses as listed in this section. Alternatively, a Vybe spot may be included in a PUD rezoning, which would not require a conditional use permit. The city council may impose appropriate conditions and safeguards, including a specified period of time for venues to operate, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood. As The Vybe spots are an overlay, the city council may also allow exceptions to the existing development code, without limitation. See examples in the following bullet points:
•	Vybe nodes act as an overlay district, over existing zoning districts, and the following type of uses are included and encouraged, but not limited to the following types:
	º	Vertical mixed use (commercial on ground floor, residential above ground floor);
	º	Multi-family projects;
	º	Townhomes;
	º	Restaurants contributing [to] the pedestrian feel of the Vybe:
		▪	Includes outdoor dining (deck or sidewalk café)
	º	Retail uses to compliment the trail network and residents living within a Vybe and surrounding districts;
	º	Office uses (2nd floor or above, if facing trail, or intersection at trail);
	º	Outdoor amphitheaters/music;
	º	Entertainment uses that contribute to the success of the trail;
	º	Food trucks (temporary and food truck courts), for the enjoyment of the residents and for restaurant incubation;
	º	Parks (public and private);
	º	Parking shall focus on street parking and may also be located behind developments;
	º	Parking garages;
	º	All garages will take access from an alley or rear of the lot
	*	Drive thru type development, fuel stations, car washes and self-storage of any sort are not allowed.
•	The intent of Vybe development is to create flexible and successful projects to enhance trail oriented design. Development standards may be flexible from the base zoning district, that such uses would normally be in. Such standards may include but are not limited to:
	º	Uses
	º	Building setbacks (including attached decks)
	º	Impervious cover (if using green infrastructure)
	º	Building height
	º	Floor to area ratio
	º	Density
	º	Parking ratios
	º	Reduction in parking stall size (if used for golf carts).
	º	Public or private streets
	º	Location of utilities
	º	Street trees

(Ordinance 1181, § 2(Exh. A), adopted 2/1/2022; Ordinance 1184, § 2(Exh. A), adopted 2/2/2022)

§ 53-699 Purpose and objectives.

§ 53-700 Mixed use development.

§ 53-701 Residential clustering.

§ 53-702 Variances.

§ 53-703 Flexible planning.

§ 53-704 Rules applicable.

§ 53-722 Preliminary site plan.

§ 53-723 Final site plan.

§ 53-724 Amendments.

§ 53-725 Expiration.

§ 53-726 Chapter amendment.

§ 53-727 Certificate of occupancy.

§ 53-753 Intent.

§ 53-754 Criteria for the designation of historic landmarks and districts.

§ 53-755 Definitions.

§ 53-756 Penalties.

§ 53-781 Created.

§ 53-782 Membership.

§ 53-783 Powers and duties.

§ 53-805 Historic landmarks.

§ 53-806 Historic districts.

§ 53-836 Required.

§ 53-837 Criteria for approval of a certificate of appropriateness.

§ 53-838 Certification of appropriateness application procedure.

§ 53-839 Certificate of appropriateness required for demolition.

§ 53-840 Construction and repair standards-New construction.

§ 53-841 Same-New construction on existing buildings.

§ 53-842 Same-Existing buildings.

§ 53-843 Economic hardship application procedure.

§ 53-844 Enforcement.

§ 53-845 Ordinary maintenance.

§ 53-846 Demolition by neglect.

§ 53-871 Historic landmarks.