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Item 6A - MemoITEM 6A CITY OF SOUTH LAKE Iiv, 1:8k4[•lsl.I•lIIIII AJiI April 30, 2020 TO: Shana K. Yelverton, City Manager FROM: Kenneth Baker, Sr. Director of Planning and Development Services SUBJECT: Approve Resolution No. 20-019 ratifying regulations related to temporary signage and patio dining for retail and restaurants businesses and authorizing the City Manager to enact similar type regulations or extend these regulations beyond May 29, 2020 during the COVID-19 emergency. Action Requested: City Council approval of Resolution No. 20-019 ratifying regulations related to temporary signage and patio dining for retail and restaurants businesses and authorizing the City Manager to enact similar type regulations or extend these regulations beyond May 29, 2020 during the COVID-19 emergency. Background Information: Governor Abbott has indicated that he will let the statewide stay-at- home order related to the COVID-19 emergency expire on Thursday, April 30th. The Governor's new executive order (GA-18) states that retail stores, restaurants (that have less than 51 % of their gross receipts from the sale of alcoholic beverages) will be allowed to reopen on Friday, May 1 st but limits the occupancy of the business to 25% of the allowable total. The City of Southlake realizes that businesses are being severely impacted by the coronavirus (COVID-19) emergency. To support restaurants and retail businesses reopenings, the City has suspended enforcement of certain temporary sign code and outdoor patio regulations. The purpose of the suspension of regulations is 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, communicate any Federal, State, or County guidelines related to COVID-19, and to provide an opportunity to allow outdoor dining opportunities to increase spacing requirements between parties or allowing dining in an outdoor setting. These temporary regulations are provided in "Attachment A" (Exhibit #1) of the resolution. Shana K. Yelverton, City Manager April 30, 2020 Page 2 ITEM 6A The suspension of these regulations will continue through May 29, 2020 and the City will consider extending the regulations past this time period if warranted. If similar type regulations are enacted or if these regulations are extended beyond May 29, 2020 by the City Manager, the City Council will be notified immediately. This request is to ratify the temporary regulations and allow the City Manager to enact similar types of regulations or extend these regulations beyond May 29, 2020 during the COVID-19 emergency. Financial Considerations: None Strategic Link: Focus Area: Safety and Security Corporate Objective: C4 -Attract and keep top tier businesses to drive a dynamic and sustainable economic environment. Citizen Input/ Board Review: N/A Legal Review: The City Attorney has reviewed the proposed policy. Alternatives: Changes as may be desired by the City Council. Deny the request. Supporting Documents: Attachment A: Resolution No. 20-019 Staff Recommendation: City Council approval of Resolution No. 20-019. Shana K. Yelverton, City Manager April 30, 2020 Page 3 ATTACHMENT A RESOLUTION NO. 20-019 ITEM 6A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, RATIFYING REGULATIONS RELATED TO TEMPORARY SIGNAGE AND PATIO DINING FOR RETAIL AND RESTRAUNT BUSINESSES AND AUTHORIZING THE CITY MANAGER TO ENACT SIMILAR TYPES OF REGULATIONS OR EXTEND THESE REGULATIONS BEYOND MAY 29, 2020 DURING THE COVID-19 EMERGENCY 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 regulations are outlined in Exhibit #1 of this resolution; and WHEREAS, the City wishes to provide the City Manager with authorization to enact similar types of regulations or extend these regulations (exhibit #1) beyond May 29, 2020 during the COVID-19 emergency. 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 May 30, 2021. Section2. That this resolution is in effect upon passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF , 2020. Laura K. Hill, Mayor Shana K. Yelverton, City Manager April 30, 2020 Page 4 ATTEST: Amy Shelley, City Secretary Exhibit #1 ITEM 6A Shana K. Yelverton, City Manager ITEM 6A April 30, 2020 Page 5 Temporary Sign Regulations Effective immediately the City will not enforce certain temporary sign regulations subject to the following: 1. The following apply only to a retail business or restaurant. 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. © • PICK -Up Et • DELIVERY MONLY y 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 4 OR CURBSIDE SERVICE c. Each business may utilize up to 50% of its window area for temporary window signage. Shana K. Yelverton, City Manager April 30, 2020 Page 6 ITEM 6A 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. PLEASE WAIT HER# b. Each business may have temporary directional signage related to picking up merchandise or food. ' 1 ONLINE ORDER PICK UP ONLY 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. 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. Shana K. Yelverton, City Manager April 30, 2020 Page 7 Restaurant Patio Areas Temporary patio dining areas must meet the following criteria: ITEM 6A 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.