HomeMy WebLinkAboutOrdinances (O-25-2352)-Denied-11/18/2025DENIED 6-0, 1 ABSTAIN NOVEMBER 18, 2025
ORDINANCE 0-25-2352
AMENDING ORDINANCE 0-18-2056; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance 0-18-2056 on February
19, 2019, to grant a rezoning request from the AG Agricultural
district and the R-40 Single Family Residential district to the
PUD-R Planned Unit Development Residential district on 43.54
acres on Lots 1-34, Block 1, Oak Alley, located at 1312 ,John
McCain Road; and
WHEREAS, the applicant has requested an amendment to Ordinance 0-
18-2056 to amend Exhibit "B" as referenced in Section 2 to
remove the 25-foot landscape easement on the rear perimeter
of Lot 14, Block 1, Oak Alley, located at 7313 Calloway Court;
and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
WHEREAS, the City Council is of the opinion that the change in zoning
provided for herein should be made, in compliance with the
City Charter, and state law with reference to changes to zoning
classifications under the City's zoning ordinance and zoning
map, having given the requisite notices required by law and
having held public hearings affording all interested persons and
property owners a full and fair opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be
true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
Ordinance 0-25-2352
Page 2 of 3
changing the zoning on Lots 1-34, Block 1, Oak Alley, located
at 1312 John McCain Road, by authorizing an amendment to
the Planned Unit Development Residential as depicted on
Exhibit "A", Exhibit "B", and Exhibit "C".
Sec. 3. THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the Land
Development Code of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The following amendment to Ordinance 0-18-2056 is
hereby authorized:
i. There shall not be a 25-foot landscape easement on
the rear perimeter of Block 1, Lot 14 of the Oak Alley
subdivision, located at 7313 Calloway Court.
b. All requirements of the Land Development Code and
Ordinance 0-18-2056 shall be met, except where amended
herein.
Sec. 5. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
Sec. 6. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
Ordinance 0-25-2352
Page 3 of 3
The first reading and public hearing being conducted on the 5th day of
November 2025.
The second reading and public hearing being conducted on the 18th day of
November 2025.
DENIED BY A VOTE OF 0 AYES, AND 6 NAYS, 1 ABSENTION, ON THIS THE
18TH DAY OF NOVEMBER 2025.
Mayor Bobby Lindamood Nay Mark Alphonso, Place 2 Nay
Mayor Pro Tem Brandi Elder Nay Ben Graves, Place 4 Abst
Deputy Mayor Pro Tern Scotty Richardson Nay Tim Raine, Place 6 Nay
Kimberly Holt Gunderson, Place 5 Nay
ATTEST:
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Sarah Ross
City Attorney
CITY OF COLLEYVILLE
Bobby Lindamood
Mayor
Exhibit "A" - Zoning Map
Exhibit "B" - Site Exhibit
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ALLEY ESTATES
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Exhibit "C" - Statement of Planning Objectives
Dear City of Colleyville.
We are writing as proud Colleyville residents and parents of five young boys to respectfully
request that the City Council approve the removal of a 25-foot landscape easement on our
property. Our family seeks to build a safe and modest backyard pool that complies with the
public utility easement and respects the privacy of our surrounding neighbors.
Raising five boys in the Texas heat is both a joy and a challenge. A backyard pool is a practical
way to keep our children safe. happy. thriving, and out of the Texas heat! We want them to have
a place where brothers can laugh (yes we have five boys), grow, and play together. A pool
represents more than recreation for our family: it is an anchor for family bonding, exercise, and
keeping kids chose in a safe environment where we can supervise our children.
One of the main reasons we moved to Colleyville was because of tine values this connumity
represents: freedom. opportunity. individual responsibility, property rights, and strong
neighborhoods built on mutual respect and understanding. We admire that Colleyville balances
growth with protecting what makes it special. Our request is made in that same spirit: we want
to enjoy our property filly while respecting our neighbors and the collrllunity we love.
We take our neighbors' privacy seriously and our pool would ensure that is maintained and
enhanced. The pool we propose would sit low in the yard, maintain the high stone fence. would
keep the beautiful trees and landscaping, and add, if necessary, additional landscaping and trees
to ensure that our neighbors' privacy is protected. Fortunately, tine location of any edge of the
pool would be appropriately and reasonably far away fi•oni any of our surrounding neighbors'
homes, including the home behind us which is separated by the high stone fence and several
trees.
Unlike other homes in Oak Alley. our is uniquely and severely impacted because of tine narrow
shape of the lot and angle of our home on the property. These factors mean the 25-foot
landscape easement swallows ahnost the entire usable yard, effectively denying its any
meaningful ability to use and enjoy our property by, for example, building a modest and safe
pool. Everyone else that we are aware of in Oak Alley —including both neighbors to our light
and to our left —have a pool or have plans (for those new construction homes) to build a pool.
Those homes all have much deeper lots than ours so the impact of the easement is much less.
We just want that same opportunity as our neighbors to build and use a modest and safe pool.
We recognize that easements may serve an important purpose. but they must not substantially
impair the ordinary use and enjoyment of the property. Here, a 25 foot landscape easement is so
broad, as applied to our home, that it blocks a safe and modest pool — a normal and expected
improvement in Oak Alley. That outcome was certainly never the casement's original intent.
particularly since one of the overarching goals of the Oak Alley subdivision was to maintain the
quality, integrity. and consistency of the beautiful neighborhood. Singling out our home as the
one home in Oak Alley that is effectively denied a pool is inequitable and inconsistent with the
plan for the community.
We arc aware that Oak Alloy's approval was the result of significant discussion, comprowisc,
and negotiation between tie developer, neighbors, and the City of Colleyville. We respect that
hwoty, and we do not want to undo or dlntinish the spirit of that flgRet11M11.
Our request is different: it is not a broad challenge to Oak Alley's negotiated framework. but a
narrowly tailored request to one unique lot where the easement's application creates unintended
and disproportionate hardship. By allowntig us to pill in a safe and node pool with the cnR9lt
fencing and laldscaping achieves and maintains The essential goals of the negotiated deal —that
is it pieservos Ihr neightbonhood character, probers privacy, and rnstues quality developtrueml.
We do not belicwo Cat anyone negotiating or comcluplaling the Original deal —including
neighbors, City C'oui cil members. Cily planless, a zoning board murnissioneus—would intend
to impose such a severe reslricliou on vile family'% use and rrpoymetu of the property. Indeed, at
the time developtucnt was negotiated, there were no plans for our lot or most of the others from
which like City Council had all the infonlation. Now it has time infonlalion and it call remedy
a my narrow hams as applied to one plopeity.
At the heat of this request, is something bigger than tits pool. It is about the fircdoln to make a
reasonable use of one's own hone. John Adams wrote: "Property must be secured• or liberty
cannot exist." And George Washington tee said: "Fivvvbnn and properly rights are insepxnable.
You can't have one without die other."
Wo do not believe that our Pounders aver intended or, in the case of the City Council, would
inlewl for properly restrictions to in praclice and a (feet infiiuge on the use and enjoyment of a
family's right to use its property. Restrictions should sent Icgitinwe Imposes, not create
unnecessary burdens that deny families the ordinary list and enjoyment of their own properties,
especially whell (here Iwo reasonable nMastues iniplon soled Ilal timiedy any p encelved privacy
concerns. demonstrate respect for others' ptilmey. Negotiations that occurred years ago—dw
were dryxived of critical and cmtent infmualion—treed to still wpesre with bisic property and
itdividltal lights, as well as the current practical realities Mat this landscape entreat—ns
epglied—Ins a dislirgtationalc and severe hnntr al air family'% prop)rrty. (deed. ally
perceived nlininal benefit, if that, of k%%ping a 25-foot casement is for outweighed by the spirit
of lrecdom, individual property rights. and (be ability to let five young boys just go iwitrmling in
their ovum backyards to keep cool from the Texas heal.
In closing, sve love Cvlleyville and au couununity. 11 is where we weal to Inise our boys, w imir
we want to create memories of long .summer evening together, where we want them to remember
the special bond of brotherhood. aid the joy of playing together in their own backyard.
We tespeclfidly napuesl flat you grant out request to nrnovc the 2.5 foul landscape easeumni
from otr property while nlainaining de existing public utility cascmall. 1\'c would be grateful
for the opportunity to build a modest and safe pool —*lie that is consistent with the clwaclel of
C'olleyvnlle, allows Its to Ilse Oily 1)w71 property fully. and Illanllams the privacy of au nleighubom
'[hank you for your Ihwughiful consideration.
Ryan. Btooke, Rhea_ Vancc_ Bcamkn_ Quade_ and Cal— -
we got his proxy!)
Exhibit "13" - Site Plan
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COLUUN
LOF 13 TAPE II