Item 4E - MemoVIMAKII
CITY OF
SOUTH LAKE
MEMORANDUM
May 26, 2020
TO: Southlake City Council
FROM: Kenneth Baker, Sr. Director of Planning and Development Services
SUBJECT: Resolution No. 20-022, ratifying new and existing temporary regulations
and activities for Southlake businesses during the COVID-19 emergency
until June 30, 2020 and authorizing the City Manager to extend,
implement or enact these or similar temporary regulations or activities
beyond June 30, 2020.
Requested Action:
The purpose of this item is to ratify new and existing temporary regulations (deregulations)
and activities for Southlake businesses during the COVID-19 emergency until June 30, 2020
and authorizing the City Manager to enact, extend, or implement similar type regulations or
activities beyond June 30, 2020.
Background:
The City of Southlake realizes that businesses are being severely impacted by the
coronavirus (COVID-19) emergency. To support restaurants and retail businesses in
reopening and to create a safer environment for the public, the City has suspended
enforcement of certain temporary sign code, outdoor patio and sidewalk sale regulations.
The City has also allowed tents to be set up outside of the business for food/merchandise
pick up and check out and has allowed food trailers/trucks to set up if associated with a
brick and mortar buildings.
Specifically, the purpose of the suspension of regulations or deregulation 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 commerce to occur in an outdoor setting including shopping, dining
and carry -out.
Proposed New Deregulations:
Landscaping: Defer the replacement of any required tree, bush or landscaping materials
on non-residential properties until the Spring of 2021 (April 15th)
City Council ITEM 4E
May 26, 2020
Page 2
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.
Extension of the Temporary Signage Rules to Certain Service Businesses: Extend the
application of the temporary sign regulations to include to gyms, exercise facilities, personal
care and beauty services.
City Council will also be ratifying the following existing temporary regulations and related
activities that are currently in place:
Existing Deregulations:
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
�F k it
DELIVERY r
ONLY
City Council
May 26, 2020
Page 3
Feather Sign
A -frame sign
Banner sign
b. Each business may have up to three (3) temporary yard signs per location.
c. Each business
to 50% of its window area for tem
window signage.
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.
City Council
May 26, 2020
Page 4
11
it11:18[!�
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.
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.
City Council ITEM 4E
May 26, 2020
Page 5
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 DisplaVs
1) Display of merchandise or any activity associated with the event must be either 1)
on 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.
2) Merchandise must be displayed on racks, tables or similar displays unless the
merchandise is normally displayed on the floor.
3) Any merchandise sold as part of the sidewalk sale must come directly from the
participating store's inventory.
4) Sales may not occur from a vehicle (car or truck) or trailer.
5) No merchandise shall be displayed or sold in the fire lane or vehicular travel way.
6) No merchandise shall be displayed or sold in designated accessible parking spaces,
City Council ITEM 4E
May 26, 2020
Page 6
landscaped or loading areas.
7) Each merchant shall be required to maintain a 44" wide clear right-of-way for
pedestrians using the sidewalk/walkway.
8) The display shall not obstruct doorways nor impede pedestrian traffic and all
Americans with Disability Act (ADA) accessibility requirements must be maintained.
9) Normal ingress and egress to and from the merchant's store or premises shall not
be impaired.
10) No more than 15% of the designated private parking area shall be used to display
or sale merchandise.
11) Merchandise is prohibited to be displayed greater than 30 feet from the store front.
12) 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.
2) Suspension on prohibition on outdoor sidewalk sales regulations will continue at
least through Sunday, May 31St and the City will consider extending the time period if
warranted.
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.
Financial
City Council
May 26, 2020
Page 7
Considerations: None
Strategic Link: Focus Area: Safety and Security
it11:48[!�
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. 20-022
Staff
Recommendation: City Council approval of Resolution No. 20-022.
City Council
May 26, 2020
Page 8
ATTACHMENT A
RESOLUTION NO. 20-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, RATIFYING NEW AND EXISTING TEMPORARY REGULATIONS
AND ACTIVITIES FOR SOUTHLAKE BUSINESSES DURING THE COVID -
19 EMERGENCY UNTIL JUNE 30, 2020 AND AUTHORIZING THE CITY
MANAGER TO EXTEND, IMPLEMENT OR ENACT THESE OR SIMILAR
TEMPORARY REGULATIONS AND ACTIVITIES BEYOND JUNE 30, 2020.
WHEREAS, the City of • desires to support restaurants r • retail businesses
,troviding services during the • pandemic, •
WHEREAS, the City of • has #' •'i enforcement of ' r temporary
sign code regulations to allow these businesses to more effectively communicate with their
customers r' they are open and hours of operation,provide # r • on a•r • health
relatedprotocols related to operations, and communicate any Federal, State, or County guidelines
to 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 will allow 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 regulations and activities are outlined in Exhibit #1 of this resolution;
M
WHEREAS, the City wishes to provide the City Manager with authorization to enact
similar types of temporary regulations or activities or extend these temporary regulations
(exhibit #1) beyond June 30, 2020 during the COVID-19 emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
City Council
May 26, 2020
Page 9
it11:18[!�
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
ATTEST:
Amy Shelley, City Secretary
City Council ITEM 4E
May 26, 2020
Page 10
Exhibit #1
New Temporary Regulations:
Landscaping_ Defer the replacement of any required tree, bush or landscaping materials
on non-residential properties until the Spring of 2021 (April 15th)
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 pick-up and delivery but not more than 15 spaces for any
business.
Extension of the Temporaa Signage Rules to Certain Service Businesses: Extend the
application of the temporary sign regulations to include to gyms, exercise facilities, personal
care and beauty services.
Existing temporary regulations and related activities that are currently in place:
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.
City Council
May 26, 2020
Page 12
b. Each business may have temporary directional signage related to picking up
merchandise or food.
V1:1►IVi[1
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.
r
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.
City Council
May 26, 2020
Page 13
it11:18[!�
9. Furniture, tables and umbrellas must be stored inside the building overnight. Must
be approved by the City's Fire Marshal.
10. Must not exceed 25% of the restaurants indoor dining square footage area or 800
square feet, whichever is less.
11. 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.
12. Sidewalk clearance ADA standards (36") must be maintained.
13. Must be located on-site and not create a safety or traffic hazard.
14. Cannot be located within a fire lane.
15. Shall be maintained in a clean and orderly fashion and meet all applicable County
and State regulations and Texas Alcoholic Beverage Control Regulations.
16. Furniture, tables and umbrellas must be stored inside the building overnight.
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 Displays
1) Display of merchandise or any activity associated with the event must be either 1)
City Council ITEM 4E
May 26, 2020
Page 14
on 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.
2) Merchandise must be displayed on racks, tables or similar displays unless the
merchandise is normally displayed on the floor.
3) Any merchandise sold as part of the sidewalk sale must come directly from the
participating store's inventory.
4) Sales may not occur from a vehicle (car or truck) or trailer.
5) No merchandise shall be displayed or sold in the fire lane or vehicular travel way.
6) No merchandise shall be displayed or sold in designated accessible parking spaces,
landscaped or loading areas.
7) Each merchant shall be required to maintain a 44" wide clear right-of-way for
pedestrians using the sidewalk/walkway.
8) The display shall not obstruct doorways nor impede pedestrian traffic and all
Americans with Disability Act (ADA) accessibility requirements must be maintained.
9) Normal ingress and egress to and from the merchant's store or premises shall not
be impaired.
10) No more than 15% of the designated private parking area shall be used to display
or sale merchandise.
11) Merchandise is prohibited to be displayed greater than 30 feet from the store front.
12) 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.
2) Suspension on prohibition on outdoor sidewalk sales regulations will continue at
least through Sunday, May 31 st and the City will consider extending the time period if
warranted.
City Council ITEM 4E
May 26, 2020
Page 15
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 allowed tents 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 with an associated with a brick and mortar building to permit
customers to order food in an outdoor environment.