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Item 8ACITY OF SOUTH LAKE ITEM 8A DATE: June 5, 2021 TO: City Council FROM: Kenneth Baker, Sr. Director of PDS SUBJECT: Item 8A - Resolution No. 21-026, Terminate, extend or modify existing temporary business and permit related regulations, practices and activities associated with the COVID-19 emergency and authorize the City Manager to extend, implement or enact these or similar regulations and activities until December 31, 2021. In March of 2020, the City of Southlake began enacting temporary regulations to assist businesses and other community related services being severely impacted by the coronavirus (COVID-19) emergency. To assist businesses and other services in succeeding and to create a safer environment for the public, the City suspended enforcement of certain sign code, parking, outdoor patio, landscaping, sidewalk sale and outdoor sales/activity regulations and created temporary regulations. A list of all the temporary regulations in place are provided in the memo beginning on page 3. The temporary COVID -19 regulations have been extended until June 15, 2021 by the City Manager as permitted by resolution 21-009. As the COVID-19 emergency situation improves, businesses and activities return to more normal, and State and County restrictions related to COVID-19 have been lifted, it is staff's recommendation to terminate most of the temporary regulations that have been in place since March of last year. However, there are a few regulations related to patio dining, tent permits and landscaping replacement that are recommended to be extended. Also, it is recommended that staff prepare and present City Council with proposed permanent zoning regulations for consideration in the fall of 2021 to address patio dining, parking related signage for pick up and delivery, outdoor retail sidewalk sales and outdoor vaccination/testing clinics. Below is a table which summarizes each of the temporary COVID-19 recommendations currently in place as well as staff's recommendation on each of the temporary regulations. Recommendations below reflect feedback that the staff received on a discussion on the temporary regulations that was held on May 15, 2021. In addition, the staff is recommending that the provision to authorize the City Manager to extend, implement or enact similar regulations or activities remain until December 31, 2021 to address any changing or unforeseen circumstances related to the COVID-19 situation. Temporary Regulations Staff Recommendation 1. Institutional uses (i.e. schools, churches, Continue this temporary regulation and governmental facilities), businesses and waive all tent permit fees until October 31, residential properties are permitted to set up 2021. During the spring and summer months it is common for residents to host graduation, temporary structures such as tents in order to wedding receptions or similar events at their encourage activities normally associated with homes which sometimes result in large its primary indoor functions to be conducted gatherings. Also, during the spring and outdoors. Waive tent permit fees to summer months, businesses and institutional encourage tents to be set up at residential, uses such as places of worship tend to hold institutional uses and businesses to events such as picnics, mother's day out, encourage events to be held outdoors to summer related youth events and employee increase the likelihood of social distancing appreciation days. Holding these types of and improve air circulation. events either fully or partially outdoors will increased the likelihood of social distancing and improved air circulation, which are both part of the recommended CDC guidelines for preventing the spread of COVID-19 virus. Typically, the apprehension to moving events either fully or partially outside is the uncertainty of the weather. To address uncertain weather conditions many event organizers will consider setting up large tents. Currently any tent larger than 400 square feet in size requires a permit application be submitted to the City, fee payment and an inspection once the tent is installed. In order to encourage residents, institutional uses and businesses to consider installing tents and utilizing outdoor space, it is recommended that tent related regulations be relaxed in terms of duration on site and permit fees be waived until October 31, 2021. (Tents installed over 400 sq. ft. in size will still require a Fire Department inspection). 2. Instructional classes associated with gyms, Terminate this regulation on June 30, fitness studios and other similar uses may be 2021. conducted outside the building on the same property in which the facility is located. 3. Temporary sign regulations Terminate regulations on June 30, 2021. 4. Restaurant Patio areas Extend the temporary regulation(s) until such time the permanent regulations are adopted into the zoning ordinance. Staff will present permanent regulations for City Council to consider in the fall of 2021. 5. Sidewalk sales Terminate regulation on June 30, 2021. Staff is recommending the termination of the temporary regulation but will present permanent regulations for City Council to consider in the fall of 2021 that will allow retailers limited opportunities to conduct outdoor sales up to 2 times a year. 6. Landscaping replacement (Provide relief Extend the temporary regulation until on the replacement of permanent June 30' of 2022. However, all dead landscaping) landscaping must be removed. immediately and disposed. Due to the February winter storm a significant amount of plant material needs to be replaced. Currently, due to demand many types of plant materials are either not in stock and if the plant types are available the market demand has increased the cost significantly. Extending the deadline of this regulation until June of 2022 will allow supply to be replenished, allow planting to occur during the winter or spring months which is more conducive to the plant's long term survival and may allow market costs to stabilize. 7. Food truck/Outdoor food pick up Terminate regulation on June 30, 2021. 8. Off -site or Outside Vaccination or Testing Terminate regulation on June 30, 2021. It should be noted that if an unexpected need arises to conduct off -site or outside vaccination type clinic, the provision to authorizing the City Manager to extend, implement or enact similar regulations or activities remain until December 31, 2021 can be enacted to allow this activity to occur. 9. Allow the designation of a required parking Terminate regulation on June 30, 2021. spaces as curbside parking spaces for pick Staff is recommending the termination of the up, delivery or paying for transactions. Up to temporary regulation but will present similar 30% of required parking spaces can be permanent regulations for City Council to designated for curbside pickup and delivery consider with lower parking percentage in the but not more than 15 spaces for any fall of 2021. The regulation will be focused business. more on the gig, delivery and pick up economy. Below are all temporary COVID-19 regulations currently in place: Outside Activities/Signage 1. Institutional uses (i.e. schools, churches, governmental facilities) businesses and residential properties are permitted to set up temporary structures such as tents in order to allow activities normally associated with its primary functions to be conducted outdoors. The temporary structure must meet all zoning, building and fire regulations. 2. Instructional classes associated with gyms, fitness studios and other similar uses may be conducted outside the building on the same property in which the facility is located. Off -Site or Outside Vaccination or Testing 1. Medical and health professional services are permitted to provide vaccination or testing related services off -site or outside from the normal office or clinic setting. 2. Vaccination or testing clinics/centers associated with a medical or health operation may set up operations at walk through sites (churches, outdoor tents, community facilities), mobile, curbside, parking lot areas or other similar settings. 3. Structures such as tents, mobile units or similar structures will be allowed to be setup at the off -site location in conjunction with the service. 4. Temporary signage to promote the service, provide directional information to the public or provide information on standard health protocols related to the operation is permitted. 5. Prior to approval an off -site vaccination/testing application must be submitted to the Planning and Development Services Department for approval. The application will require information such as the location of the operation, site layout, signage, proposed structures and traffic circulation will be required. The application will be reviewed and approved administratively by the Planning and Development Services and Fire Departments. Temporary Sign Regulations Effective immediately the City will not enforce certain temporary sign regulations subject to the following: The following apply only to a retail business, restaurants, gyms, exercise facilities, personal care and beauty services. 1. A business can select any two (2) of the three (3) following types of temporary signs (a through c) to be placed at the site of its location (no off -site signage is permitted): a. Each business may have up to two large temporary signs not to exceed 25 square feet for each sign type per location. The sign can be freestanding or on the building (roof mounted signs are not permitted). Examples of large temporary signs include the following: banner sign; feather sign; A -frame sign; flat panel sign or similar sign type). Inflatable signs are not permitted. Also, signs must not be affixed to trees. 4 NOW • FfIR PICK-UP DELIVERY ONLY Feather Sign A -frame sign Banner sign b. Each business may have up to three (3) temporary yard signs per location. WE ARE OPEN! CARRY -OUT OR CURBSIDE SERVICE /'" c. Each business may utilize up to 50% of its window area for tem window sian 11AL I UOR E F1100. 2. In addition to the signage listed above, a business may also utilize the following sign types. a. Each business may have necessary signage to communicate any Federal, State, or County guidelines related to COVID-19. b. Each business may have temporary directional signage related to picking up merchandise or food. 5 ONLIJE ORD PICK ONL 3. Signs must be located on the property of the business. Off -site signs are prohibited 4. Signs cannot be located in travel lanes, block sight distance at intersections, or located in any manner that results in a safety issue. 5. Temporary signs cannot be internally illuminated. 6. All temporary signs must be properly maintained 7. The temporary signs exempted from normal requirements under this provision must be directional in nature. The signs may identify the businesses name, hours of operation, open or closed status, hours of operation, or method of service delivery (pick-up, take out, curbside ordering, etc.) The signs subject to this enforcement exemption may not be used to advertise a particular product or service, but shall be limited to directional or operational information only. 8. Any tenant utilizing the temporary signage regulations shall have approval by the owner or property management company to place the signage on the premise. The City wants to avoid excessive clutter that results in less than effective messaging. If temporary sign rules are not followed, or if in the City's judgement too many signs are placed in an area, the City reserves the right to work with businesses to collaboratively reduce the number of signs. The City respectively asks that business place its signs in a secure and respectful manner that maintains Southlake's aesthetic visual roadway standards. Restaurant Patio Areas Temporary patio dining areas must meet the following criteria: 1. Must be approved by the City's Fire Marshal. 2. Must not exceed 25% of the restaurants indoor dining square footage area or 800 square feet, whichever is less. 3. Barriers must demarcate the patio dining area. Barriers can include temporary wood, metal or synthetic fencing, planters, or other devices approved by the Fire Marshal. 0 4. Sidewalk clearance ADA standards (36") must be maintained. 5. Must be located on -site and not create a safety or traffic hazard. 6. Cannot be located within a fire lane. 7. Shall be maintained in a clean and orderly fashion and meet all applicable County and State regulations and Texas Alcoholic Beverage Control Regulations. 8. Furniture, tables and umbrellas must be stored inside the building overnight. Temporary Sidewalk Regulations Temporary Sidewalk Sales The City will allow retailers to display and sale merchandise outdoors during the COVID -19 emergency subject to the following: Participation 1. Only local retailers who own or lease commercial building space within the city limits shall be permitted to display and sale merchandise. Hours of Sidewalk Sales 1. Sidewalk sales can occur anytime during normal business hours but must cease by 9:00 PM. 2. All merchandise and tables, racks, etc. used to display merchandise must be returned to the store interior by 9:30 PM. 3. No merchandise shall be displayed outside the store earlier than one (1) hour prior to opening. Merchandise Disolays 4. Display of merchandise or any activity associated with the event must be either 1) a sidewalk or designated walkway in front of the principal building leased or owned by the merchant, and/or 2) in a hard -surfaced parking area located on the same lot or in the same development as the principle building leased or owned by the merchant and only where the parking is off-street. 7 5. Merchandise must be displayed on racks, tables or similar displays unless the merchandise is normally displayed on the floor. 6. Any merchandise sold as part of the sidewalk sale must come directly from the participating store's inventory. 7. Sales may not occur from a vehicle (car or truck) or trailer. 8. No merchandise shall be displayed or sold in the fire lane or vehicular travel way. 9. No merchandise shall be displayed or sold in designated accessible parking spaces, landscaped or loading areas. 10. Each merchant shall be required to maintain a 44" wide clear right-of-way for pedestrians using the sidewalk/walkway. 11. The display shall not obstruct doorways nor impede pedestrian traffic and all Americans with Disability Act (ADA) accessibility requirements must be maintained. 12. Normal ingress and egress to and from the merchant's store or premises shall not be impaired. 13. No more than 15% of the designated private parking area shall be used to display or sale merchandise. 14. Merchandise is prohibited to be displayed greater than 30 feet from the store front. 15. Sales transactions can occur within the established sidewalk sale areas. Miscellaneous Requirements 1. Merchants are responsible for displaying merchandise in a manner that ensures the health, safety and welfare of the public and all Federal, State and County guidelines related to the COVID -19 must be followed. Landscaping Landscaping: Defer the replacement of any required tree, bush or landscaping materials on non-residential properties until the Spring of 2021 (July 15tn) Parking 0 Parking Standards: Allow the designation of a required parking spaces as curbside parking spaces for pick up, delivery or paying for transactions. Up to 30% of required parking spaces can be designated for curbside pickup and delivery but not more than 15 spaces for any business. Other Activities In order to assist businesses to create a safer environment for the public and workers, the City may allow certain activities for a temporary period such as tents and tables to be set up outside of the business for food/merchandise pick up, transactions (check-out lines) or protecting customers as they que up to enter a business from the outside and allow food trailers/trucks to set up when associated with a brick and mortar building to permit customers to order food in an outdoor environment. M RESOLUTION NO. 21-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, TERMINATING, EXTENDING (RATIFYING) OR MODIFYING EXISTING TEMPORARY REGULATIONS AND ACTIVITIES FOR SOUTHLAKE BUSINESSES DURING THE COVID -19 EMERGENCY AND AUTHORIZING THE CITY MANAGER TO EXTEND, IMPLEMENT OR ENACT THESE OR SIMILAR TEMPORARY REGULATIONS AND ACTIVITIES UNTIL DECEMBER 31, 2021. WHEREAS, the City of Southlake desires to support restaurants and retail businesses providing services during the COVID-19 pandemic, and WHEREAS, the City of Southlake has suspended enforcement of certain temporary sign code regulations to allow these businesses to more effectively communicate with their customers that they are open and hours of operation, provide information on standard health protocols related to operations, and communicate any Federal, State, or County guidelines related to COVID-19; and WHEREAS, the City of Southlake has suspended enforcement of certain outdoor patio dining regulations to provide an opportunity to increase spacing requirements between parties or allowing for dining in an outdoor environment; and WHEREAS, the City of Southlake has suspended enforcement of certain outdoor sidewalk sales regulations to provide an opportunity to increase spacing requirements between shoppers and allow for shopping to occur in an outdoor environment; and WHEREAS, the City of Southlake has suspended enforcement of certain outdoor sidewalk sales regulations to provide an opportunity to increase spacing requirements between shoppers and allow for shopping to occur in an outdoor environment; and WHEREAS, the City of Southlake has allowed certain temporary activities such as tents and tables to be set up outside of the business for food/merchandise pick up, transactions (check out lines) or protecting customers from weather elements as they que up to enter a business from the outside and allow food trailers/trucks to set up with an associated with a brick and mortar building to permit customers to order food in an outdoor environment; and WHEREAS, the City of Southlake has allowed medical and health professionals to provide vaccination or testing related services outside the normal office or clinic setting such as walk through sites (churches, outdoor tents, community facilities), mobile locations, curbside, parking lots or other similar settings. WHEREAS, the City of Southlake has allowed Institutional uses (i.e. schools, churches, governmental facilities) to set up a temporary structure(s) such as tents in order to allow activities normally associated with the primary functions to be conducted outdoors 10 and instructional classes associated with gyms, fitness studios and other similar uses may be conducted outside the building on the same property in which the facility is located and has also waived tent permit fees to encourage conducting activities outdoors. WHEREAS, the City wishes to provide the City Manager with authorization to enact similar types of temporary regulations or activities or extend temporary regulations (exhibit #1) until December 31, 2021 WHEREAS, due to the COVID-19 emergency situation improving, businesses and activities returning to more normal, and State and County restrictions related to COVID- 19 have being lifted, the City will terminate some temporary regulations and activities effective June 30, 2021, while extending some regulations and activities past this date as outlined in Exhibit #1 of this resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The City of Southlake hereby approves and adopts the following resolution effective immediately and expires June 1, 2021. Section2. That this resolution is in effect upon passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF 2021. John Huffman, Mayor ATTEST: Amy Shelley, City Secretary 11 EXHIBIT #1 Outside Activities/Signage 1. Institutional uses (i.e. schools, churches, governmental facilities) ), businesses and residential properties are permitted to set up temporary structures such as tents in order to allow activities normally associated with its primary functions to be conducted outdoors. The temporary structure must meet all zoning, building and fire regulations. Tent Permits fees are waived (Continue this temporary regulation and waive all tent permit fees until October 31, 2021). 2. Terminate regulation June 30, 2021 Off -Site or Outside Vaccination or Testing (Terminate regulations June 30, 2021) 12 Temporary Sign Regulations (Terminate Regulations June 30, 2021) A o ' FO R PICK-UP IV • DELIVERY N� p o WE ARE OPEN! 13 SOCIAL DISTANCING3_ PLEASE WAIT HERE 7 �Td 7. .ITSn1:L1l�GT.L1:�7"l1 GS7T. E77:�/a :LT.T:1lTT.E 14 Restaurant Patio Areas (Extend the temporary regulation(s) until such time the permanent regulations are adopted into the zoning ordinance). Temporary patio dining areas must meet the following criteria: 1. Must be approved by the City's Fire Marshal. 2. Must not exceed 25% of the restaurants indoor dining square footage area or 800 square feet, whichever is less. 3. Barriers must demarcate the patio dining area. Barriers can include temporary wood, metal or synthetic fencing, planters, or other devices approved by the Fire Marshal. 4.Sidewalk clearance ADA standards (36") must be maintained. 5. Must be located on -site and not create a safety or traffic hazard. 6. Cannot be located within a fire lane. 7. Shall be maintained in a clean and orderly fashion and meet all applicable County and State regulations and Texas Alcoholic Beverage Control Regulations. 8.Furniture, tables and umbrellas must be stored inside the building overnight. Temporary Sidewalk Regulations (Terminate regulations June 30, 2021) 15 16 Landscaping (Extend the temporary regulation until June 30t" of 2022. However, all dead landscaping must be removed). Landscaping: Defer the replacement of any required tree, bush or landscaping materials on non-residential properties until the Spring of 2021 Extend the temporary regulation until June 301" of 2022. However, all dead landscaping must be immediately removed Parking (Terminate regulations June 30, 2021) �7 ElArAMME-iAN I M. .7��:*:�rrrsainrrE�:r_:: .� Other Activities (Terminate regulations June 30, 2021) 17 18