Item 7A - Applicant Presentation 2022.09.20-1100 RBC Council presentation_vF1100 Raven
Bend Court
Land Use Plan
Amendment
Prepared for: Southlake City Council
September 20, 2022
We are seeking to amend the land use plan at 1100 RBC, to
set a positive precedent for truly unprecedented issues
1d:
roperty valuedestruction..
The current skate of 1100 RBC is costing outhlake $100K+over the next 10 years.
instead of generating $TOOK+ of upside tax revenue
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The Kearney's spent 7 years in litigation with the developer
and won a near -unanimous verdict on the 2 main charges"
Developer litigation outcumerranrKCM*' a.xNx--DC 2 xl7 i;:l
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Following Southlake's democratic process
• Following the democratic process outlined in Raven Bend's
covenants
Submitting all improvements to the Raven Bend Design
Committee
• With all funds (and then some) being reinvested to restore
value to the community
Either we believe the values outlined in our strategic planning documents, or we
resign to set a precedent that property rights do not matter in Southlake, Texas
Southlake 2035
Land Use Sector
Plan (LUSP)
Southlake 2035
LUSP, C-M1,
Sidewalks
Southlake 2035
LUSP, C-W1,
Watershed
Southlake
Consolidated
Future Land Use
Plan
Southlake Vision,
Goals, and
Objectives (VGO),
1.1
Southlake VGO, 1.3
Southlake VGO, 1.7
"...address long-term watershed and
storm drainage issues in the area..."
"Provide a connected sidewalk
system between Bicentennial
Park and neighborhoods"
"...come up with more holistic
drainage solutions to address erosion
issues and citizen drainage concerns"
"The comprehensive plan is a
reflection of the community's values
and serves as a blueprint for
Southlake's future."
"Encourage the maintenance and
enhancement of existing
neighborhoods, features and
amenities in order to preserve
property values..."
"Encourage appropriately scaled
neighborhood design... recognizing
that quality residential neighborhoods
are the cornerstone of our
community."
"Explore and encourage opportunities
for redevelopment when appropriate."
X Addressing the "long-term
watershed and storm drainage
issues" requires significant
unfunded investment by Kearney's
�C Disconnect between Southridge
lakes, Raven Bend, and Shady
Oaks
X Erosion and drainage issues at
1100 RBC are far from a "holistic
drainage solution"
X The flooding at 1100 RBC is an
infringement of personal property
rights
x
Property values are being
negatively impacted
x
The flooding creates a blight on the
quality of the Raven Bend
neighborhood
Not an issue...
✓Re -plat funds will be invested to
"address long-term watershed
issues"
✓Sidewalks are a part of the re -plat
design to connect all three
neighborhoods
✓Re -plat funds will be reinvested to
provide a truly "holistic drainage
solution"
✓The re -plat design creates a
blueprint" that truly reflects the
values we know to be Southlake
Re -plat restores property values
and greatly increases property
values
v/Re-plat design attempts to
"encourage appropriate scaling,"
while restoring the quality reflective
of a Southlake "community
cornerstone" mindset
✓...but a clear opportunity exists to
"explore and encourage
redevelopment" that fixes issues,
beautifies, and respects Raven
Bend neighbors' rights (e.g.
following RBC democratic process)
Today, your vote determines whether "precedent" is a term of
fear or leadership... how will YOU be remembered?
"I lead with precedent"
Support 1100 RBC LUP
IAN
City Council ... what would you do, if you were in my shoes?
Key questions:
What would you do if this was your property?
How would you feel if your property rights were being infringed upon?
How would you react if an elected or appointed official told you they are "worried about precedent," while
you are worried about the literal safety of your family?
What would you do if your public works department has known about the issues for 5+ years, then created
an uncoordinated design that not only continues to break the law ... it breaks the law in new ways?
Key points:
You have the ability to right a domino -effect -of -wrongs
You have the ability to take my property and the City off a collision course
You have the ability to set a fearless precedent
You're not giving me a windfall... you're giving me the keys to fix massive value -destruction that only
partially offsets the significant investment I am making in my community
Presentation detail
The property at 1100 Raven Bend Court (1100 RBC) is a 1986
ranch style house with 4 beds and 3 baths
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We are very early
in the
process to
re -plat our property at 1100 Raven
Bend
Court
from 1
acre
to 2 x -0.5
acre properties
1100 Raven Bend Court replat process and status
We are here!
MIT
Land Use Land Use Land Use Land Use
SPIN #1 Plan P&Z Plan DRC Plan City Plan City
Council #1 Council #2
Topographic Zoning and Zoning and Zoning and Zoning and
surveys and Re -plat, Re -plat, P&Z Re -plat, City Re -plat, City
concept plan DRC Council #1 Council I
1
Raven Bend Court is located at the hard right turn on North Peytonville,
between the Sr. High and Dove road
Raven Bend location
Delta Hotels by Marriott
Dallas Sauthlake IF
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For scale...1100 RBC is roughly the size and shape of a
football field — 40 yards deep and 120 yards wide.
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Unfortunately, massive erosion and flooding from a developer caused the
Kearneys to spend 7 years in litigation...
Issues with developer
Property line
...an issue that persists to this day
Persistent flooding
R '
xilt i--.
Point 1: a portion of the re -plat funds will
be used to offset inflation of construction
materials since lawsuit bids were created.
The Kearney's spent 7 years in litigation with the developer
and won a near -unanimous verdict on the 2 main charges'
Developer litigation outcome (Tarrant County Cause No. 096-293017-17)1
Did the Shady Oaks Defendants divert
or impound the natural flow of surface
water or permit a diversion or Yes
1. Texas Water Code 11.086 impounding to continue in a manner that
2. Southlake Code of Ordinances, Sec. damaged Plaintiff's property?
9.5-65(g)
Was the diversion or impoundment, or
permitting the diversion of impoundment Yes
to continue, intentional?
Texas Water Code 11.086
Southlake Code of Ordinances, Sec. 9.5-65(g)
No person may divert or impound the
Diversion or impoundment: All drainage systems shall be designed to prevent the
natural flow of surface waters in this
diversion or impoundment of the natural flow of surface water in a manner that
state, or permit a diversion
damages the property of another by the flow of the water diverted or impounded.
or impounding by him to continue, in a
The director of public works shall place in each developer's agreement a
manner that damages the property of
provision requiring the developer to comply with all applicable laws, including, but
another by the overflow of the
not limited to, section 1(1)086, Texas Water Code. In addition, the director of
water diverted or impounded.
public works shall place on each plat that receives final approval, a statement that
reads as follows:
Compliance with the provisions of the city's storm drainage policy does not relieve
a person of the responsibility of complying with all other applicable laws,
including, but not limited to, section 1(1)086, Texas Water Code.
Since the Kearneys received a verdict in their favor in February-2022, the Kearneys have settled with the
defendant
Point 2: a portion of the re -plat funds will
be used to tie the engineered solution into
the City capital project.
The City's in -work capital project breaks the same law that a developer was
found overwhelmingly guilty of violating
Southlake capital project overview
Adobe Acrobat
Document
Proceeds from the re -platted Kearney property will be re -invested in 5
initiatives
Re -plat re -investment plan
1. Offset the increase in construction costs (inflation of materials and labor)
associated with remediation of flooding
2. Tie #1 into City of Southlake Capital project
3. Sidewalks on all public -facing sides of the new and existing property
4. Upgrade communal Raven Bend Court entry way and monument
5.
Potential to invest in other jointly -derived communal Raven Bend Court
upgrades (e.g. street signs, street lighting, etc.)
The current state of 1100 RBC is costing Southlake $100K+ over the next 10 years,
instead of generating $700K+ of upside tax revenue
Land -use redesignation business case 10 year tax revenue to Southlake
TAD value $487,0001 $840,2232 $3,768,4783
assessment
$926K
Approx. revenue to
Southlake over the
next 10 years4
1. Based on 2022 value as won in previous protest
2. Proposed TAD assessment for 2022
3. Proposed TAD assessment for 2022 for bordering properties in Shady Oaks, representing 1 and 2 improved homes (respectively) on the existing 1100 RBC site
4. Assumes 2 % of assessed price goes to the City of Southlake and Carroll ISD and average annual basis increase of 4.5
We have sought concerns from our neighbors — what other
concerns do you have/ see?
oncern
Neighborhood density
(detailed slide below)
a I ga"M MW
The current Raven Bend neighborhood
is zone low -density and by re -platting
1100 RBC, is would create discontinuity
in neighborhood appearance
Explanation d
The re -platted 1100 RBC has 8 feet
more corner -to -corner separation than
the current neighborhood (ex-1100
RBC)
D-
.Q
powen 9c110 %-.I
Goo
RBC (ex-1 100
RBC)
1100 RBC re -
plat
We have sought concerns from our neighbors — what other
concerns do you have/ see?
oncern
1. Neighborhood density
2. Neighborhood covenants
The current Raven Bend neighborhood
is zone low -density and by re -platting
1100 RBC, is would create discontinuity
in neighborhood appearance
"Deeds don't allow for re -platting"
Explanation
The re -platted 1100 RBC has 8 feet
more corner -to -corner separation than
the current neighborhood (ex-1100
RBC)
Re -platting would follow the democratic
process outlined in the covenants
We have sought concerns from our neighbors — what other
concerns do you have/ see?
oncern
1. Neighborhood density
2. Neighborhood covenants
The current Raven Bend neighborhood
is zone low -density and by re -platting
1100 RBC, is would create discontinuity
in neighborhood appearance
Covenants don't allow for re -platting
Explanation d
The re -platted 1100 RBC has 8 feet
more corner -to -corner separation than
the current neighborhood (ex-1100
RBC)
Re -platting would follow the democratic
process outlined in the covenants
3. Adjacent neighborhood density Allowing a move from low -density to Raven Bend is surrounded on 3.75
(detailed slide below) medium -density will create a mismatch sides by medium -density or more -dense
with adjacent neighborhoods land use (e.g. RPUD in Shady Oaks)
Raven Bend is largely surrounded by medium -density (or
more dense) land use neighborhoods
Concern #3 - adjacent neighborhood density
Key takeaways ■
■ Raven Bend is surrounded on 3.75
sides by medium -density or more -
dense land use (e.g. RPUD in
Shady Oaks)
■ Cross Timbers is low density;
however, it only borders —100 feet of
Raven Bend and is separated by
Peytonville (a large -collector
throughway)
Sz .. _ 1_= _ RESIDENTIAL(Min 1 Ac Lot)
SF20A- SINGLE FAMILY RESIDENTIAL(Min 20r000 Sf
E
RPUD -RESIDENTIAL PLANNED UNIT DEVELOPMENT
21
We have sought concerns from our neighbors — what other
concerns do you have/ see?
oncern
1. Neighborhood density
2. Neighborhood covenants
3. Adjacent neighborhood density
4. Sidewalks
Explanation
The current Raven Bend neighborhood The re -platted 1100 RBC has 8 feet
is zone low -density and by re -platting more corner -to -corner separation than
1100 RBC, is would create discontinuity the current neighborhood (ex-1100
in neighborhood appearance RBC)
Covenants don't allow for re -platting Re -platting would follow the democratic
process outlined in the covenants
Allowing a move from low -density to Raven Bend is surrounded on 3.75
medium -density will create a mismatch sides by medium -density or more -dense
with adjacent neighborhoods land use (e.g. RPUD in Shady Oaks)
Southlake residents love sidewalks!
Absolutely planning for sidewalks on all
public -facing sides of the re -platted
properties (per re -plat requirements)
If you have any concerns, please don't hesitate to reach out — jdkearneyjr@gmail.com
We have sought concerns from our neighbors — what other
concerns do you have/ see?
oncern
1. Neighborhood density
2. Neighborhood covenants
3. Adjacent neighborhood density
4. Sidewalks
The current Raven Bend neighborhood
is zone low -density and by re -platting
1100 RBC, is would create discontinuity
in neighborhood appearance
Covenants don't allow for re -platting
Explanation d
The re -platted 1100 RBC has 8 feet
more corner -to -corner separation than
the current neighborhood (ex-1100
RBC)
Re -platting would follow the democratic
process outlined in the covenants
Allowing a move from low -density to Raven Bend is surrounded on 3.75
medium -density will create a mismatch sides by medium -density or more -dense
with adjacent neighborhoods land use (e.g. RPUD in Shady Oaks)
Southlake residents love sidewalks!
Absolutely planning for sidewalks on all
public -facing sides of the re -platted
properties (per re -plat requirements)
The new home will not match the current We will design the new house (and
5. Home design homes in Raven Bend Court update our current house) using a
colonial or ranch style facade
If you have any concerns, please don't hesitate to reach out — jdkearneyjr@gmail.com
We have sought concerns from our neighbors — what other
concerns do you have/ see?
oncern
1. Neighborhood density
2. Neighborhood covenants
3. Adjacent neighborhood density
4. Sidewalks
5. Home design
6. Tree conservation
a I U4=110- MW
The current Raven Bend neighborhood
is zone low -density and by re -platting
1100 RBC, is would create discontinuity
in neighborhood appearance
Covenants don't allow for re -platting
Explanation d
The re -platted 1100 RBC has 8 feet
more corner -to -corner separation than
the current neighborhood (ex-1100
RBC)
Re -platting would follow the democratic
process outlined in the covenants
Allowing a move from low -density to Raven Bend is surrounded on 3.75
medium -density will create a mismatch sides by medium -density or more -dense
with adjacent neighborhoods land use (e.g. RPUD in Shady Oaks)
Southlake residents love sidewalks!
Absolutely planning for sidewalks on all
public -facing sides of the re -platted
properties (per re -plat requirements)
The new home will not match the current We will design the new house (and
homes in Raven Bend Court update our current house) using a
colonial or ranch style fagade
Developing a new lot would require
removal of trees
We do plan to re -purpose 4 of the pine
trees for lumber. However, to date, we
have already planted more than 20 trees
(nellie stevens) on the re -platted land
and have a plan to plant 50+ more trees.
If you have any concerns, please don't hesitate to reach out — jdkearneyjr@gmail.com
We have sought concerns from our neighbors — what other
concerns do you have/ see?
oncern
1. Neighborhood density
2. Neighborhood covenants
3. Adjacent neighborhood density
4. Sidewalks
5. Home design
6. Tree conservation
7. ??
an I U4=110- MW l Explanation
The current Raven Bend neighborhood The re -platted 1100 RBC has 8 feet
is zone low -density and by re -platting more corner -to -corner separation than
1100 RBC, is would create discontinuity the current neighborhood (ex-1100
in neighborhood appearance RBC)
Covenants don't allow for re -platting Re -platting would follow the democratic
process outlined in the covenants
Allowing a move from low -density to Raven Bend is surrounded on 3.75
medium -density will create a mismatch sides by medium -density or more -dense
with adjacent neighborhoods land use (e.g. RPUD in Shady Oaks)
Southlake residents love sidewalks!
Absolutely planning for sidewalks on all
public -facing sides of the re -platted
properties (per re -plat requirements)
The new home will not match the current We will design the new house (and
homes in Raven Bend Court update our current house) using a
colonial or ranch style fagade
Developing a new lot would require
removal of trees
We do plan to re -purpose 4 of the pine
trees for lumber. However, to date, we
have already planted more than 20 trees
(nellie stevens) on the re -platted land
and have a plan to plant 50+ more trees.
If you have any concerns, please don't hesitate to reach out — jdkearneyjr@gmail.com
Appendix
The Kearneys have
been
trying to make
capital improvements to their
property and
Raven
Bend
(to the
benefit
of
all
neighbors)
since 2015
Kearney proposed property improvements
DIREUKAAL Co w"L tm
RECORD - 384,72'
W 6W 5V 00' E - 364.9
I/r 1A
LT
12151TJIE9E4FA ft W, Backyard improvements
Renovation of the
original house
ex
. r
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