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03-26-2024 Freeway Manor Agenda Packet       City Council SPECIAL MEETING AGENDA Presentation and Workshop on Freeway Manor March 26, 2024 8:30 AM                                 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treated Work cooperatively as a team    AGENDA TUESDAY, MARCH 26, 2024 at 8:30 a.m.          Call to Order   Meeting/Presentation-Starts at 8:30 a.m.   Workshop on Freeway Manor Subdivision including history, zoning, land uses, infrastructure, code violations and direction forward including a presentation, driving tour and discussion. (B.James/L.Wood/R.Vera)   Driving Tour-Starts at 9:00 a.m.   Discussion and Action Items   Reconvene Meeting-Council Chambers at 11:00 a.m.     Adjournment   CERTIFICATION I, SHEILA EDMONDSON, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 22ND DAY OF MARCH 2024 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE.    March 26, 2024  City Council Agenda                                Page 1        SHEILA EDMONDSON    I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON ________DAY OF ___________________, 2024. TITLE: _______________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210-619-1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. March 26, 2024  City Council Agenda                                Page 2     Agenda No.   CITY COUNCIL MEMORANDUM    City Council Meeting:March 26, 2024 Department:Planning & Community Development Subject:Workshop on Freeway Manor Subdivision including history, zoning, land uses, infrastructure, code violations and direction forward including a presentation, driving tour and discussion. (B.James/L.Wood/R.Vera) BACKGROUND The Freeway Manor Subdivision is located off of the IH-35 corridor in Schertz, between Cibolo Valley Dr and Belmont subdivision. Neighborhood Services and various city departments have been working to address code violations, illegal dumping and construction without permits in this subdivision.  Freeway Manor is a subdivision that was platted in the County in 1958 and annexed into the city in 3 swaths in 1974, 1981 and 1990.  The property was originally platted with 245 lots with most of the lots designated as residential except the lots along the highway frontage which are permitted for commercial use in accordance with the restrictions on the plat.   As of today, the subdivision has no paved streets, no public sewer and 5 water meters installed.  There is no public sewer or any identified septic systems on any of the lots; however, 2 lots have septic permits from Guadalupe County.  City departments face challenges when responding to calls for service in the area.    The City has been acquiring lots in Freeway Manor as they come up for sales. The presentation will include history, violations observed and possible next steps.   Attachments Freeway Manor  FREEWAY MANOR REBECCA VERA| NEIGHBORHOOD SERVICES MANAGER H ISTORYFREEWAY MANOR The neighborhood known as Freeway Manor is 69.07 acres of land situated in both Comal and Guadalupe Counties, Texas of which 8.93 acres are in Comal and the remaining 60.14 acres in Guadalupe County. This property was platted in February of 1958 into 245 parcels. No infrastructure was installed. The development was annexed into the City of Schertz in 3 separate actions beginning in 1974, 1981 and 1990 and was zoned General Business (GB) in February 2007. The area remains largely undeveloped and is a dumping hot spot. A team of City departments started a clean up effort in 2020. Working several weeks to clear trash, debris and discarded materials from City lots and documenting violations in the subdivision. In early 2023, Neighborhood Services received several nuisance complaints and began subdivision inspections and outreach. 2 FREEWAY MANOR •No infrastructure •No public water service •No sewer service •Lack of utilities prohibits pulling of work permits, requires property owners to install supporting infrastructure. Projects cost prohibitive. FACTS 3 FREEWAY MANOR 4 Image from 2024Image from 1995 5 ANNEXATION Began in 1974 and was followed by additional actions in 1981 and 1990. 6 Total structures + RVs 24 Residential 21 Business 3 Majority property owners City of Schertz holds a total of 59 parcels. Residential and Business Structures 7 NEIGHBORHOOD SERVICES Code enforcement activities On May 16, 2022, the City went live with CityView for violation tracking and since the implementation there are 190 active code enforcement investigations within Freeway Manor to date. Records prior to 2022 in this area are limited. Violations Noted: Clearing and grading, lack of utilities, building code, zoning, nuisance, property maintenance and work without a permit, sharing of utilities, building in easement. 8 SIGNIFICANT VIOLATIONS Building of substandard structures, to include additions to these structures. People are residing in these structures without utilities. Illegal, non-permitted development continues. 9 WATER SERVICE 10 SEPTIC SERVICE 11 -Marked properties/lots have a record of installation with the County -None of the septic's have current service records. INSPECTIONS Properties Total properties 245 City owned 59 Privately owned 186 Utilities Structures/Dwellings Total structures 18 Recreational Vehicles 8 Residential 3 water service accounts *7 tapped into lines *1 claims to haul water 2 records of septic/sewer services from Guadalupe, owners do not have records Business 2 water service accounts 0 records of septic/sewer services 12 Resident outreach City provided and located roll off dumpsters in the subdivision for residents use to assist with debris removal for over 120 days in 2023. NS visited each occupied property and mailed courtesy notices to all property owners. NS continues to perform monthly inspections. Municipal code review Municipal code review with City Attorney confirms actions can be taken for lack of services. Records review There are no records of permits for work. Guadalupe County has records for 2 septic systems dating back to 1983 and 1994. 24 Notices of Violation have been issued to date: work without permit, dumping, violations of trash/debris, clearing and grading, inoperable vehicles, zoning, building in ROW and unsecured structures. City owned lots EFFORTS There is extensive vegetation and dumping 13 YEAR BUILTResident Address Year Built Occupied Annexed 5408 Holly 1980 tenant 1990 2420 Pine Unknown owner 1990 5404 Holly Unknown tenant 1990 5400 Holly Unknown tenant 1990 2412 Tulip Unknown vacant 1974 2413 Birch Unknown vacant 1974 2417 Birch Unknown tenant 1990 2416 Birch 1950/ addition 2010 owner 1990 2333-41 Pecan 1961 Owner Portion in 1974 and a portion in 1990 5412 Holly Unknown tenant 1990 Business Address Year Buil t In Operation Annexed 19050 IH 35 N 1985 Yes 1981 19082 IH 35 N 2008 No 1981 6001-05 Hope Unknown Unknown 1981 5209 Hope Unknown Yes 1974 5213 Hope Unknown Yes 1974 5500 Holly Unknown Unknown 1990 14 EMERGENCY SERVICES (POLICE, FIRE AND EMS ) Police department - calls for service in this subdivision are consistent with other neighborhoods – Holly Lane is an outlier •April 2021 – April 2023 93 CFS (4 Written Reports) •Holly Lane 39 CFS (42%) •Noise Disturbance #1 CFS (40x’s) 43% •Animal Call/Barking Dog #2 CFS (23x’s) 25% •Noise and Animal CFS 68% •15 CFS 5408 Holly Ln (16%) •Zero Tolerance for Noise Disturbance CFS Fire and EMS – with the lack of infrastructure it is difficult to provide services to this area due to the substandard streets and lack of fire hydrants. 15 Take no action and remain in status quo. -Illegal development likely to continue and get worse -Public Works estimates $46,000 to clean -up current debris. Move forward on all violations. -Aggressively pursue code enforcement to include addressing lack of utilities POSSIBLE SOLUTIONS City to continue to acquire properties 16 Invest in infrastructure A rough (ballpark/order of magnitude) estimate of infrastructure construction to build out the Freeway Manor Subdivision is $12 million. Build out would include the following approximate quantities: •12,000 linear feet of local road •890 linear feet of collector road (future Ripps Kreusler extension is along Vista) •13,000 linear feet of 8” water main •15,500 linear feet of 8” wastewater main POSSIBLE SOLUTIONS 17 FREEWAY MANOR LOTS FOR SALE 18 FREEWAY MANOR LOTS PURCHASED BY CITY OF SCHERTZ 2023Lot 11 Block 4 Summit Lot 2 Block 8 Tulip Lot 13 Block 7 Tulip Lot 1 Block 5 Hope Lot 2 Block 9 Birch Lot 6 Block 7 Pine Street *Average purchase price $10,000 19 CITY OWNED LOTS 20 STAFF RECOMMENDATIONS Move forward on all violations. -This will be a messy process - moving people out of homes Review occupied properties based on legal determinations. Look for ways to limit access except for property owners. City more aggressively acquire properties include seeking approval for eminent domain. 21 COMMENTS & QUESTIONS 19070 IH 35 N Installed:Tax Assessor records show a carport in 1989, annexed in 1981. Violations:54.22.b.2 Unsound fence or accessory structure. Status:Owner is responsive. 103.24.2023 19074 IH 35 N Violations:21.10.2 E All driveways and all required off- street Parking spaces shall be on a paved concrete or asphalt surface. Status:Owner is responsive. Frequently a target of graffiti and vandalism. Annexed in 1981. 05.27.2022 2 19082 IH 35 N Installed Tax Assessor list 2008, annexed in 1981 Occupancy Vacant Water service Account holder Sewer No record Violations 21.4.16.A Structure intended for occupancy requires application for Certificate of Occupancy 54.22.b.6 inadequate or unsanitary sewage or plumbing Status Owner is in constant contact, model sheds on site but business is no longer in operation. 3 03.24.2023 HOLLY LN Observations:New activity on property.Currently being monitored monthly. Status:No response from owner. No assigned street address. 402.28.2024 2357 VISTA DR Observations:Property changed ownership twice in last 4 months. Property being monitored monthly. Status:Public Works had previously used this lot as a staging area for roadwork with this lot misidentified as a city owned lot. 63.01.2024 5500 HOLLY LN Occupancy:Business operation Water service:No record Sewer:No record Violations:21.8.9.2.a Outdoor Storage 54.22.g Dilapidated structure 54.22.b.1 Trash, debris and junk 54.22. Parking on unimproved surface 21.13.1.A Clearing and grading without a permit Status:Property owner has not responded to warnings or notices. No restrooms on site for employees. Uses RV as office space. UPDATE - mostly cleared. 83.04.2024 5412 HOLLY LN Occupancy:Occupied- tenant confirms lives in RV. Water service:No record of service Sewer:No record Violations:54.24.c Occupancy of RV 54.22.b.6 Inadequate or unsanitary sewage or plumbing 54.24 Parking on front yard 54.22.b.1 Trash, debris, junk scattered 54.38 Junk vehicle Status:Owner is non-responsive; tenant claims to not have owner contact information. Annexed 1990 3.23.2023 12.06.2023 9 5408 HOLLY LN Built:Tax assessor lists 1980, annexed 1990 Occupancy:Occupied by tenant Water service:Tenant is account holder Sewer:No record Violations:54.22.b.6 Inadequate or unsanitary sewage or plumbing 54.24 Parking on grass 54.22.g Accessory structure shall be maintained 54.22.b.1 Trash, debris on exterior Status:Owner and tenant are non -responsive 103.23.2023 2420 PINE ST Built:Tax Assessor listed a building as Storage Occupancy:Occupied by owner Water service:Account holder Sewer:No record Violations:18.105.1 Install of mobile home without permit 54.22.b.6 Inadequate plumbing/sewer 54.22 Parking, accumulated debris 18.105 Building without a permit 54.22.g Accessory structure shall be maintained, 21.8.2.C Accessory structure in easement 90.44 Extension of water service Status:Owner is non -responsive; a portion of the home is in the ROW. Provides water to 3 other properties: 5404 Holly, 2412 Tulip, 2413 Birch 11 3.24.2023 4.01.2023 2421 TULIP ST Occupancy:Unknown Water service:No record Sewer:No record Violations:54.22.b.1 Trash, debris and junk scattered Status:No response from property owner. Appears to be in ROW. Unable to locate RV owner. 12 2.20.2024 5404 HOLLY LN Installed:No records in City or on Tax Assessor Occupancy:Occupied by tenant Water service:Tapped into 2420 Pine Sewer:No record Violations:18.105.1 Install of mobile home without permit 54.22.b.6 Inadequate plumbing/sewer 54-24 Parking on the grass 90.52 Procuring water by fraud Status:Owner is non-responsive and owns several lots. 132.06.2023 5400 HOLLY LN Installed:No record in City records or on Tax Assessor Occupancy:Occupied by tenant Water service:Tapped into 2416 Birch Sewer:No record Violations:18.105.1 Install of mobile home without permit 54.22.b.6 Inadequate or unsanitary sewage or plumbing 54.24 Parking on front yard 90.52 Procuring water by fraud Status:Owner is non-responsive; tenant claims to not have contact information for owner. Recently broken windows, removal of items appears to be vacant as of March 20, 2024 143.4.2024 2425 BIRCH ST Occupancy:Occupied by unidentified person Water service:No record Sewer:No record Violations:54.22.b.1 Trash, debris and junk scattered 54.24.c RV Occupancy prohibited 54.22.b.2 Inoperable motor vehicle Status:Occupant replied to notice, made statements that intends to stay. 155.05.2023 5208 HOLLY LN Violations:21.13.1 Clearing and Grading without a Permit 21.13.2 No approved Grading or Erosion Measures 21.13.4 No approved Storm Water Management Plan 78-121 Right of Way Construction Status:NOV issued 10.28.2020 by City Engineer. No response from owner. 1610.28.2020 2417 BIRCH ST Installed:No record in City or on Tax Assessor Occupancy:Presumed occupied, unable to identify Water service:No record Sewer:No record Violations:18.105.1 Install of mobile home without permit 54.22.b.6 Inadequate plumbing/sewer 54.22.b.1 Trash, debris and junk scattered Status:Owner is non- responsive. As of March 2024, appears vacant. 173.24.2023 2413 BIRCH ST Installed:No record in City or on Tax Assessor Occupancy:Appears vacant. Water service:Tapped into meter owned by 2420 Pine Sewer:No record Violations:18.105.1 Install of mobile home without permit 54.22.b.6 Inadequate plumbing/sewer 54.28.a Large appliance not in operation on the exterior is prohibited. 90.52 Procuring water by fraud Status:Owner nonresponsive, water provided by 2420 Pine 1804.20.2023 2416 BIRCH ST Built:Tax assessor records show 1950 with an addition in 2010, annexed in 1990. 3 parcels combined at county. Occupancy:Occupied by owner Water service:Holds account Sewer:No record, owner cannot produce record. Violations:18.105.1 Install of mobile home without permit 54.22.b.1 Trash, debris and junk scattered 21.5.B.7 No more than 1 primary dwelling on property 54.24.c RV Occupancy prohibited 54.22.b.6 Inadequate plumbing/sewer 90.44 Extension of water service Status:Owner is in constant contact, has more than 1 dwelling (2 structures/1 mobile home/1 RV) , all appear to be occupied. Provides water to 5400 Holly. 192.6.2023 3.4.2023 2412 TULIP ST Installed:No record in City or on Tax Assessor Occupancy:Appears vacant, no record of structure Water service:Tapped into meter owned by 2420 Pine Sewer:Guadalupe County record dated 1994. Violations:18.105.1 Install of mobile home without permit 54.22.b.6 Inadequate plumbing/sewer 54.18.e Unsecured vacant structure 90.52 Procuring water by fraud Status:Owner non-responsive 204.20.2023 2412 PINE ST Installed:No record in City or on Tax Assessor. First observed in December 2023. Occupancy:Appears vacant Violations:18.105.1 Installation without a permit. Status:Owner responded to notice. Stated would comply with City. No water/sewer service. 21 12.06.2023 5209 -5213 HOPE LN Installed:No record on Tax Assessor Occupancy:Business operating Water service:No water Sewer:No record Violations:21.8.9.2.a Outdoor Storage 54.22.g Dilapidated structure 54.22.b.1 Trash, debris and junk 21.10.2 Parking on unimproved surface 21.13.1.A Clearing and grading without a permit Status:Property owner is non -responsive. No restrooms on site for employees, business appears to be on two properties owned by different owners. 223.29.2023 2333 TULIP ST Violations:21.13.1.A Clearing and Grading without a permit Status:New owner stated would comply. Purchased in Dec 2023 to build a home. 242.14.2024 2341 PECAN ST Built:Tax Assessor lists residence in 1961, annexed portion in 1974 and a remaining portion in 1990. Occupancy:Occupied by owner Water service:None, claims to haul water Sewer:Guadalupe County has record of septic, owner claims to use buried tank. Violations:21.4.16 Construction without a permit 54.22.b.6 Inadequate or unsanitary sewage or plumbing 54.24 Parking on front yard 54.22.b.1 Trash, debris, junk scattered Status:Owner has provided some documents of purchase in 2021, issued 3 stop work orders in 2023. Uses property as business and residential. Previous owner used as business only. Buildings overlap parcel lines. Continues to build. Uses RV as an office. 2019 $10,649 2023 $120,879 2021 $10,634 26 2409 PECAN ST Violations:21.13.1.A Clearing and Grading without a permit. 54.22.b.1 Trash, debris and junk scattered Status:Owner appears to be storing construction debris on property. 281.12.2024 2401 SUMMIT DR Occupancy:Assumed vacant Water service:No record Sewer:No record Violations:54.22.g Dilapidated fence/accessory structure 54.22.b.1 Trash, debris, junk scattered 54.22.b.4 Vegetation and weeds over 8 inches Status:No contact from owners 311.17.2024 2332 ROSE DR Violations:21.13.1.A Clearing and Grading without a permit. 54.22.b.1 Trash, debris and junk scattered 54.24.c RV Occupancy prohibited Status:New Owner purchased in Nov 2023 to store his RV, agreed to remove in January 2024. As of March 2024,RV/vehicles stored on site and owner has added items. 333.4.2024 19050 IH 35 N Occupancy:Occupied by tenant, no Certificate of Occupancy Water service:Account holder Sewer:No record of service Violations:21.4.16.A Structure intended for occupancy requires application for Certificate of Occupancy 54.22.b.6 Inadequate or unsanitary sewage or plumbing 21.8.9.2.A.b Outdoor storage not screened. 54.22.b.1 Trash, debris, junk scattered Status:Conducts business on other properties and in the right of way. 34 02.24.2023 02.24.2023 6001 -05 HOPE LN Occupancy:Business operating – RV Storage. Water service:No record Sewer:No record Violations:21.8.9.2.a Outdoor Storage 54.22.g Dilapidated structure - demolished, debris on site 54.22.b.1 Trash, debris and junk 54.22.b.2 Inoperable motor vehicle 21.13.1.A Clearing and Grading without a permit Status:Property owner indicated he would comply. Owns 8 properties. Shows no improvement. 353.21.2023 3.21.2023