Item 6 - Narrative
J.D. Kearney
1100 Raven Bend Court
Southlake, TX 76092
July 20, 2022
City of Southlake, Department of Planning & Development Services
1400 Main Street, Suite 310
Southlake, TX 76092
Dear sir or madam:
This letter is in regard to the “Comprehensive Plan Amendment Application” dated July 20, 2022 (“01-
2022.07.20-LUP Amendment (from App_Comp_Plan_Amendment_201206261052319977)_v3-DRAFT”).
I want to thank you for considering our application to re-designate our property from low-density to medium-
density – I know it is a rather unusual request, but I think you will agree by the end of this letter, that this
property has undergone a pretty unique set of issues and challenges since our purchase in May of 2014.
Regardless of your decision, I sincerely want to thank you for your time and consideration.
As part of the application, Section 1, sub-section 3, there is an itemized list of seven items (a thru g), that are
requested from me, which I will address in order. All Figures are also included in the Supplemental
attachment (“02-2022.07.20-1100 RBC LUP Amendment Supplement_v3-DRAFT.PDF”) that was included with
the application submittal in case legibility is difficult in this .pdf file.
a. A summary of features in the proposed project that do not conform to the Future Land Use Map.
The Future Land Use Map has the subject property as “low-density residential,” and my application is to
amend the subject property to “medium-density residential.”
b. Identification of conditions that have changed to warrant a change in the land use designation. Provide
specific reasons as to why the existing land use designation (both underlying and optional, if
applicable) is no longer appropriate for the site. This may include demographic data, traffic counts, etc.
Neighboring properties were changed in the past decade from rural land to “medium -density
residential.” This has changed the topography of the area, including storm-water. What used to be
“gentle sheet-flow” storm water that was caught in a swale on the north boundary of the subject
property, has now turned into “shallow concentrated flow” (i.e. river-like).
It is my understanding that during the financial crisis, the land bordering my property (Shady Oaks, Phase
IV) was converted from a rural land designation to “low density residential” and then subsequently to
“medium density residential” to aid the developer to offset decreasing land/ asset prices.
City of Southlake, Department of Planning & Development Services
July 20, 2022
Page 2
Then, in the summer of 2015, the developer on the north side of the property re-graded the land, causing
severe erosion onto the subject property and extreme flooding (below):
Figure 1: 3 to 8 feet of dirt was placed immediately adjacent to the subject property by the Shady Oaks developer
Figure 2: Flooding onto subject property after the wall that was intended to “remediate” developer -caused flooding issues
was installed
City of Southlake, Department of Planning & Development Services
July 20, 2022
Page 3
This flooding impacts the septic system, causing sewage backup into the house, which was the subject of
Tarrant County litigation (Cause No. 096-293017-17). We, the plaintiffs, won the civil litigation nearly
unanimously on two codes: 1.) Texas Water Code 11.086, and 2.) Southlake Code of Ordinances, Sec. 9.5-
65(g). Codes, which the City of Southlake has responsibility for enforcing. Codes which prevent
ratification of non-conforming development, which the City of Southlake ratified anyway.
We have since settled with the developer. Unfortunately, the settlement does not fully remedy the
issues, due to inflation of materials and labor that will be used in remediation. Additionally, the City is
now conducting a capital improvement project to address storm water (a net positive); however, there
will be an additional cost to us to tie our remediation plan into the City’s capital improvement project. An
investment we are happy to make in order to address long-term watershed and storm drainage issues in
the area – which is a stated ambition of the Southlake’s 2035 Land Use Sector Plan – and to be good
neighbors to our fellow citizens “downstream” of us.
In summary, the following conditions that have changed to warrant a change in the land use designation:
• Change in land use plan designations of adjacent properties (Shady Oaks)
• Erosion and flooding from the developer (including subsequent litigation finding in our favor)
• Sewage backups in our home
• Increases in remediation costs
• Increased cost to tie the remediation plan into the City’s Capital Improvement Project (CIP)
c. An explanation of why the requested land use designation is more appropriate than the existing
designation.
The requested land use designation allows for development of the land to remedy issues, restore the
market value of the property, and dramatically increases the market value and tax base enabling greater
investment into our city.
Currently, 1100 Raven Bend Court should have a tax appraisal of $840K; however, TAD has consistently
said that due to the flooding issues, they are holding the tax appraisal at our 2014 purchase price of
$435K.
At the current level, Southlake will collect $87K in taxes over the next ten year (per the assumption in
Figure 3), when it should be able to collect $200K. A loss of over $100K to the City of Southlake and
Southlake programs. The requested land use designation creates two properties with valuations that will
generate more than $900K of tax revenue for the City of Southlake over the next ten years.
The requested land use designation helps right a wrong and has a positive return-on-investment for the
City itself.
City of Southlake, Department of Planning & Development Services
July 20, 2022
Page 4
Figure 3: 10-year Southlake tax revenues from subject property
d. An explanation of how the requested land use designation is compatible with surrounding land use
designations.
Although Raven Bend is low-density, 1100 Raven Bend is unique in layout. The subject property is
approximately the depth and width of a football field, with the house perfectly situated on the east side
of the property. In fact, the subject property looks “out of place” to the rest of the neighborhood in its
current state. Allowing 1100 RBC to be converted to medium-density and ultimately replated into two 0.5
acres lots will not hurt the aesthetic of the neighborhood – it would make it more consistent with the
rest of Raven Bend Court.
Per Figure 4, the current space between houses in Raven Bend Court (not including the subject property)
is 79 feet. When a second house is added to the west side of the subject property, the distance between
the two houses would be at least 87 feet (based on maximum allowable build area). Allowing the move
from low-density to medium-density allows for 8 feet more separation between houses than currently
City of Southlake, Department of Planning & Development Services
July 20, 2022
Page 5
exists in the Raven bend neighborhood. Thus maintaining and actually improving compatibility to
surrounding land.
Figure 4: Spacing of homes in the Raven Bend neighborhood (current-state vs. future-state)
The requested land use designation of medium-density is compatible with 96% of the surrounding
neighborhoods and improved compatibility with the Raven Bend neighborhood. Raven Bend is
approximately 3,250 feet on the outside boundary. Of the 3,250 feet, only approximately 125 feet
borders a low-density neighborhood (a portion that borders Cross Timbers).
Figure 5 shows that with the exception of a tiny sliver of land in the northwest corner of Raven Bend, the
surrounding area is all medium-density.
City of Southlake, Department of Planning & Development Services
July 20, 2022
Page 6
Figure 5: Surrounding neighborhoods are predominantly medium-density
e. Justification as to how the proposed development fits within the area and fulfills the goals of the
Consolidated Land Use Plan, the goals of the applicable Area Plan, and the goals of Southlake 2030.
The stated goal of the Consolidated Future Land Use Plan is to be “reflection of the community’s values
and serves as a blueprint for Southlake’s future.”
The current flooding on the property is a visual blight on the community, causes uncontrolled flooding
issues for “downstream” neighbors, and does not reflect what we would consider the community’s
values of safety and respect for the personal property rights of all citizens. Furthermore, I will point back
to sections c. and d. on the economic impacts/ benefits of the requested land use designation and
improved compatibility with the Raven Bend neighborhood and surrounding neighborhoods.
f. Identification of unique characteristics of the area that supports this type of development.
The area where the subject property sits is completely land locked with little to no land available for
future additional residential developments. The requested land use designation abides by the 2035
visions statement, the goals of the comprehensive plan, and ambitions of the Central Sector
recommendations of the 2035 Land Use Sector Plan.
Furthermore, the requested land use designations positively impact the Mobility and Environmental
sections of the 2035 Land Use Sector Plan, while simultaneously addressing Central Sector
Recommendations C-M1 (sidewalks) and C-W1 (watershed). We will both add sidewalks to all public
facing fronts of the properties and tie our storm drainage remediation into the City’s watershed projects.
City of Southlake, Department of Planning & Development Services
July 20, 2022
Page 7
g. Any additional information to support the amendment.
We have been very transparent about our plan for the property (already having attended a SPIN and
hosting multiple discussions with our neighbors and adjoining neighborhoods). We are proactively
planning to address typical community concerns (adding sidewalks and actively conserving the trees on
the property). We are subjecting everything we are doing to the democratic process outlined in the
Raven Bend neighborhood deeds and covenants. And we are setting a positive precedent for respecting
neighborhood covenants, while proactively addressing all issues and opportunities in Southlake’s 2035
plan and vision.
I hope all aspects of this letter point to the value and need of supporting the land use plan amendment.
We appreciate your time in evaluating this application letter and look forward to answering any questions
you may have.
Sincerely,
J.D. Kearney
Owner