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21-026 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 1 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 15th DAY OF J ne 2021. AC A John H • man, gor `��111111►,,,0 ATTEST: \N. ......... T.,` Amy S e y, ' ecretary • • • .• * "1/ 1•• /141.1111110 2 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. conducted outside the building on the same property in which the facility is located. Terminate regulation June 30, 2021 Off-Site or Outside Vaccination or Testing (Terminate regulations June 30, 2021) related services off site or outside from the normal office or clinic setting. 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 Bard n alth protocols related to the operation is permitted. such as the location of the operation, site layout, signage, proposed structures and traffic the Planning and Development Seniices and Fire Department 3 Temporary Sign Regulations (Terminate Regulations June 30, 2021) Effective immediately the City will not enforce certain temporary sign regulations subject to the fallowing: 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 a. Each business may have up to two large temporary signs not to exceed 25 square feet for are not permitted). Examples of large temporary signs include the following: banner sign; permitted. Also, signs must not be affixed to trees. 4 w� E ARE O OPEN p FOR PICK-UP I DELIVERY�� Q _ Feather Sign A frame sign Banner sign b. Each business may have up to three (3) temporary yard signs per location. W WE ARE & 5SL P OPEN!_ * CARRY-OUT SERV SERVICE —!IIII----r----- AR CURBSIDE ICE I ._ 7.7 I 0 4 if ' a�� PICK-UP �u DESSERT & GODI FOOD. �.y_ I ELIVERY vailable ik. _ -4. ' i a. Each business may have necessary signage to communicate any Federal, State, or County guidelines related to COVID 19. SOCIAL DISTANCING ATTENTION • • PLEASE WAIT 11 MERE Your Yost M"' COMPANY NAME MO ONO b. Each business may have temporary directional signage related to picking up merchandise or food. __ - _,-- ,=' '- RESERVED .-` e,: ,fir yd�oil�' PARKING ONLINE . ONLINE ORDER '- -" I i . -7--''; .P ORDER PICK UP ' ' PICK UP PARKING __ — —_ • ,-, ONLY 3. Signs must be located on the property of the business. Off site signs are prohibited. located in any manner that results in a safety issue. 6. All temporary signs must be properly maintained. closed status, hours of 5 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 busines.,cs to collaboratively reduce the 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) The City will allow retailers to display and sale merchandise outdoors during the COVID 9 6 emergency subject to the following: Participation permitted to display and sale merchandise. 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 s opening. Merchandise Displays by the merchant, and/or 2) in a hard surfaced parking ar a located on the same lot or in the same development as the principle building I a� parking is off street. 5. Merchandise must be displayed on racks, tables or similar displays unless the merchandise is normally displayed on the floor. 6. Any merchand+se 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. Disability art (AD ) accessibility rewirements must he maintained 12. Normal ingress and egres 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. 7 1. Merchants are responsible for displaying merchandise in a manner that ensures the health, 19 must be followed. Landscaping (Extend the temporary regulation until June 30th 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 {July 15th) Extend the temporary regulation until June 30th of 2022. However, all dead landscaping must be immediately removed from the property. Parking (Terminate regulations June 30, 2021) Parking Standards: Allow the designation of a required parking spaces as curbside parking 0 Other Activities (Terminate regulations June 30, 2021) may allow certain activities for a temporary period such as tents and tables to be set up outside 8