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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.