The Fate City Council voted 6–0–1 on Jan. 6 to adopt Ordinance O2025-001, amending the Monterra Residential Planned Development to reduce the side-yard fence setback from 10 feet to 5 feet along public right-of-way. Councilman Magacy abstained from the vote.

City senior planner Robbie Highfield told the council the PD was adopted March 24, 2021, and that phases 1 and 2 of Monterra are under construction with “about 300 homes, give or take, permitted to date.” He said many fences there are built on top of retaining walls that sit roughly 5 feet from the property line; as written, the PD’s 10-foot setback would place the fence in line with the house on narrower lots and could reduce usable back yard for affected homeowners.

Christopher Jackson, the applicant’s representative, said the amendment is a cleanup of an error in the PD and would prevent dozens of individual variance requests and zoning-board adjustments. Highfield told council staff mailed 281 notices to nearby properties; the city had received three responses opposed to the amendment. The Planning and Zoning Commission recommended approval 4–0 with three members absent.

Council members questioned how the discrepancy happened; staff said multiple permit-review steps failed to catch the conflict between the PD’s build line and how retaining walls were positioned on lots. Staff also proposed waiving permit fees for homeowners who choose to move fences to match the amended setback.

The ordinance’s sponsors said the amendment aligns Monterey with the citywide Unified Development Ordinance, which already requires a 5-foot fence setback in most neighborhoods, and will improve consistency and maintenance of the narrow landscape strips between fences and sidewalks.

What happens next: The ordinance is adopted and in effect for future permits and inspections; council members and staff said property owners with existing fences that do not match the old PD may apply for permits and staff will waive permit fees for those relocations.

Votes at a glance: Ordinance O2025-001 — approve PD amendment (reduce fence setback to 5 feet). Motion passed 6 yes, 0 no, 1 abstain (Councilman Magacy).