Kyle council clears land‑use petition and multiple contracts, hears pleas to save 400‑year‑old Porter Oak

The Kyle City Council on Tuesday approved a developer petition to pursue changes to the city’s future land‑use map, authorized multiple property and easement purchases for regional utility and road projects, awarded contracts for park and road design, and accepted a $188,288 grant to expand mental‑health response capacity — all while dozens of residents urged the council to preserve a roughly 400‑year‑old live oak known as the Porter Oak.

The council’s actions, taken mostly by unanimous votes, set in motion design work and property acquisitions that city staff say are essential for planned road, water and wastewater improvements, as well as for parks and trail projects tied to the Vibe Trail. Several items drew extended discussion: a petition asking council to allow a developer to seek a future land‑use amendment near FM 150 and State Highway 21; a council resolution authorizing the start of eminent‑domain proceedings, if needed, to acquire property for a wastewater interceptor; and debate over parking designs and electric‑vehicle infrastructure at two city parks.

Why it matters: The approvals clear early procedural hurdles for projects tied to the city’s capital plan and to a regional water authority timeline. Several of the purchases and possession agreements will allow construction and utility work to proceed while price and property negotiations continue, in some cases on a schedule driven by external partners. At the same time, public commenters urged the council to weigh historic‑tree preservation and community character as the city expands.

Public comments and the Porter Oak

More than a half dozen residents used the citizen‑comment portion of the meeting to press the council to preserve the so‑called Porter Oak on Stagecoach Road. Casey Landers, a Kyle resident and philosophy professor at Texas State University, told the council the tree is roughly 400 years old and urged staff and council to “revisit and redraw the plans regarding the road and the Vibe Trail” so the tree can remain in place. Landers said an online petition had gathered “almost a thousand signatures.”

Resident Paige Giordano gave measurements for the tree and said the council had presented a “false dichotomy” — move it or cut it down — and asked the city to study road‑alignment alternatives that would spare the oak. Sandy Gonzales and other nearby residents said widening the road without re‑routing could encourage speeding in the residential area.

Council members did not take any formal action on the tree during the meeting; residents said they plan to continue outreach to staff and council about alternatives.

Land‑use petition and development process

The council voted 7–0 to accept a developer’s petition to pursue a formal future‑land‑use amendment for property near the intersection of FM 150 and State Highway 21. Melissa McCollum, a city planner, told council the item was a “precursor” to a full amendment and zoning and annexation applications; if the council is receptive, the applicant will proceed to the formal amendment process.

Council members expressed differing views about the long‑term uses appropriate for the corridor. Councilor Robert Rizzo said he had opposed designating the area as heavy industrial in prior plans and favored retail and mixed‑use uses to serve future growth near the regional airport; other members urged that the applicant be allowed to bring a detailed proposal so that council can consider specific parcel layouts and infrastructure needs.

Utilities, easements and eminent domain

The council approved several property acquisitions and possession‑use agreements intended to secure right‑of‑way and easements for regional utility projects and road expansions. Highlights:

- A resolution authorizing the city to pursue eminent domain if necessary to acquire 1.565 acres (fee simple) and a 0.794‑acre temporary construction easement on property owned by James P. and Peggy L. Janssen for a wastewater interceptor and the planned city trail. The motion passed 6–1 after staff told council they were still negotiating and hoped to reach agreement without condemnation.

- A purchase agreement to acquire easements for the “Cypress Road Regional Utility Project” (3.393 acres permanent easement and 1.48 acres temporary construction easement) for $726,864; vote 7–0.

- A purchase agreement to acquire 0.06 acres including a house needed for the Old Stagecoach project for $443,711.28; vote 6–1. Staff said the city will return with relocation assistance details for a tenant who lives in the house.

- A possession and use agreement and preliminary payment related to the Kyle Parkway/Lehman Road right‑of‑way and ARWA water line projects (parcel owned by East Cannon Partners); vote 7–0. Staff explained a possession agreement will allow work to begin while the acquisition value is resolved.

Several council members pressed staff about outreach to property owners and the timeline for ARWA (regional water authority) work, saying timing drove the need for possession agreements in some cases.

Parks, trails and parking: Vibe Trail, Waterleaf and Steeplechase

Council approved a task order with Schomburg & Polk for design and construction‑phase services for a Waterleaf segment of the Vibe Trail (about 1.57 miles) and accepted a separate HDR Engineering task order to design parking improvements at Steeplechase and Waterleaf parks ($266,600). On the parking work, council chose a mixed approach (the staff’s “scenario 2”) that includes permeable surfacing at two lots in floodplain areas to reduce impervious cover, while building a conventional asphalt lot at one playground area not in the floodplain. The council added direction that electric‑vehicle charging be included as a bid alternate (sleeved infrastructure) rather than built immediately in all locations.

Council members debated costs, maintenance and likely usage for EV chargers at neighborhood parks; some members said chargers make more sense in downtown or retail locations and favored providing sleeves or alternates rather than installing chargers immediately.

Roads and engineering work

Council approved a task order with WGI Inc. for design of acceleration and deceleration lanes on the I‑35 northbound frontage road at County Road 158 (design fee about $245,080). City staff said the project will make a difficult intersection safer and noted preliminary construction cost estimates near $1.5 million; design will also coordinate with TxDOT and address visibility and tree impacts.

Public safety and social services

The council voted 7–0 to accept a Public Safety Alternate Response Team for Mental Health grant from the Office of the Texas Governor (the Crisis Intervention Program) of roughly $188,288. Assistant Chief and the police department described the grant as funding one additional licensed mental‑health professional and mobile crisis care coordinators who will work with the department’s two existing mental‑health officers. “A lot of these calls don’t require a uniformed police officer,” the assistant chief said; the new team will perform follow‑up, phone checks and non‑emergency home visits and coordinate with regional behavioral‑health partners.

Other items: design, feasibility and remedies

- The council approved an $82,000 contract for a comprehensive feasibility study for an animal‑care center; staff said the county’s regional study will be used as background but that the consultant will tailor results to Kyle’s needs.

- The council approved a $69,000 task order with Brinkley Sargent Wingtom Architects to prepare preliminary design services for the city’s recently purchased 1500 Dacey Lane building, with council direction that the consultant compress phase‑one deliverables to return to council by the second meeting in March.

Appeal of planning denial (ProSource building)

Council heard an appeal of a Planning & Zoning denial related to a building‑facade revision for a ProSource warehouse at 250 Chula Hill Drive in the I‑35 overlay. The planning commission had denied changes to overhead/garage doors; at council the project owner (Jimmy Bonner, president of ProSource) acknowledged permitting mistakes and said the company would make corrective changes. The council granted the appeal with conditions requiring the owner to install awnings consistent with approved elevations, complete the front‑and‑back paint accents, and finish the awnings so they provide cover, and the council asked staff to verify final details. The motion passed 7–0.

Council housekeeping and upcoming calendar

The council appointed a new Charter Review Commission (seven members nominated by council) and approved Victoria Vargas as the city’s representative to the Hays‑Caldwell Economic Development Partnership; both votes were 7–0. Council selected Councilor Heizer as 2025 mayor pro tem. The council also set a council visioning workshop for March 14–16 and agreed to hold the retreat in San Antonio; staff said they will return a formal resolution and a budget estimate for the retreat.

Ending note

Council members and staff said many of the approved items are early‑stage or procedural steps (petitions, task orders, possession agreements) that enable later design, permitting and construction. Several council members emphasized the need for additional public input and more detailed site‑specific plans before construction contracts are executed. Residents who urged saving the Porter Oak signaled they will continue outreach to staff and council about design alternatives for Stagecoach Road.