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Item 4D- Resolution 21-009 MemoITEM 4D CITY OF SOUTH LAKE MEMORANDUM February 25, 2021 TO: Southlake City Council FROM: Kenneth Baker, Sr. Director of Planning and Development Services SUBJECT: Approve Resolution No. 21-009, ratifying new and existing temporary regulations and activities for Southlake businesses during the COVID-19 emergency until June 15, 2021 and authorizing the City Manager to extend, implement or enact these or similar temporary regulations or activities beyond June 15, 2021. Requested Action: The purpose of this item is to ratify existing temporary regulations (deregulations) and activities for Southlake businesses during the COVID-19 emergency until June 15, 2021 and authorize the City Manager to enact, extend, or implement similar types of regulations or activities beyond June 15, 2021. Background: The City of Southlake realizes that businesses are being severely impacted by the coronavirus (COVID-19) emergency. To assist businesses in succeeding and to create a safer environment for the public, the City has suspended enforcement of certain sign code, parking, outdoor patio, landscaping, sidewalk sale, temporary structures and outdoor sales 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. The City has approved temporary regulations to allow medical and health professionals to provide vaccination or testing related services outside the normal office or clinic setting and allowed certain business and institutional uses to conduct activities outdoors. The staff is requesting that the City Council ratify all existing temporary regulations in place related to the COVID-19 emergency which are provided below. City Council February 25, 2021 Page 2 Outside Activities/Signage ITEM 4D 1. Institutional uses (i.e. schools, churches, governmental facilities) 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 City Council ITEM 4D February 25, 2021 Page 3 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. i FOR PICK -up Et • 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 °~t SERVICE � i c. Each business may utilize up to 50/ of its window area for temporary window signage. City Council ITEM 4D February 25, 2021 Page 4 opeo NAM COV10"oPICK-UP- open Buing WL Goa FDOO. 0.1ERT ij IELIVERV. Avalilahlleg ESa7E,y5 oAvalilableo CSM 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. Al I Ell I W110 • • [PLASE WAIT HER OMPANY NAME b. Each business may have temporary directional signage related to picking up merchandise or food. I' - r -a -- t ONLINE ONLINE ORDER -°`w PICK UP DR®ER PARKING PICK. UP D 111 LY 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 product or service but shall be limited to directional or operational information only. City Council February 25, 2021 Page 5 ITEM 4D 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 (proposed new regulation). 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. 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 City Council ITEM 4D February 25, 2021 Page 6 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) 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. City Council February 25, 2021 Page 7 ITEM 4D 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 Reauirements 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 (June 15th) Parking 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. City Council February 25, 2021 Page 8 Other Activities ITEM 4D 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 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: 1) Changes to regulations as may be desired by the City Council. 2) Deny the request. Supporting Documents: Attachment A: Resolution No. 21-009 Staff Recommendation: City Council approval of Resolution No. 21-009. City Council February 25, 2021 Page 9 ATTACHMENT A RESOLUTION NO. 21-009 ITEM 4D 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 JANUARY 5, 2021 AND AUTHORIZING THE CITY MANAGER TO EXTEND, IMPLEMENT OR ENACT THESE OR SIMILAR TEMPORARY REGULATIONS AND ACTIVITIES BEYOND JANUARY 5, 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 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 City of Southlake will allow 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 will allow 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 and City Council February 25, 2021 Page 10 ITEM 4D 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. WHEREAS, the regulations and activities 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 temporary regulations or activities or extend these temporary regulations (exhibit #1) beyond June 15, 2021 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 June 15, 2021. Section2. That this resolution is in effect upon passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF , 2021. Laura K. Hill, Mayor ATTEST: Amy Shelley, City Secretary City Council February 25, 2021 Page 11 Exhibit #1 Outside Activities/Signage ITEM 4D 1. Institutional uses (i.e. schools, churches, governmental facilities) 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 City Council ITEM 4D February 25, 2021 Page 12 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. v FOR PilK-UP lip W •71 DELIVERY NONLY 4 Feather Sign A -frame sign Banner sign b. Each business may have up to three (3) temporary yard signs per location. WE ARE v CARRY OUT OR CURBSIDE SERVICE 0 c. Each business may utilize u to 50 /o of its window area for temporary window signage. Y p p Y City Council ITEM 4D February 25, 2021 Page 13 o, PICK -UP - open Buing WL Goa FDOO. 0.1ERT I. Ai� ELIVERV valilahlleg ESa7E,y5 oAvalilableo CSM 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. Al I Ell I W110 • • [PLASE WAIT HER OMPANY NAME b. Each business may have temporary directional signage related to picking up merchandise or food. t ONLINE ONLINE ORDER -°`w PICK UP ORDER PARKING PICK. UP D 111 LY 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. City Council February 25, 2021 Page 14 ITEM 4D 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. 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 City Council February 25, 2021 Page 15 ITEM 4D 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 4. 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. 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. City Council February 25, 2021 Page 16 ITEM 4D 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 Reauirements 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 (April 15th) Parking 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 City Council February 25, 2021 Page 17 ITEM 4D 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.