Item 10ACITY OF
SOUTHLRKE
TO: City Council
FROM: Kenneth Baker, Sr. Director of PDS
SUBJECT: Item 10A - Discussion on the possible permanent adoption of some
temporary zoning and use regulations and activities associated with the
COVID-19 emergency and establishing a date for termination of the existing
temporary regulations currently in place.
In March of 2020, the City of Southlake began enacting temporary regulations to assist
businesses and other community related services being severely impacted by the coronavirus
(COVID-19) emergency. To assist businesses and other services 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 and outdoor sales/activity regulations and
created temporary regulations. A list of all the temporary regulations in place are provided in the
memo beginning on page 3.
The temporary COVID -19 regulations have been ratified until June 1, 2021 by City Council at
its March 2, 2021 meeting and extended until June 15, 2021 by the City Manager as permitted
by resolution 21-009. As the COVID-19 emergency situation improves and businesses and
activities return to normal, it is the staff's request to have a discussion with City Council on
either the termination, extension or permanent codification (adopting as a zoning ordinance
amendment) of the various temporary COVID-19 regulations.
Below is a table which summarizes each of the temporary COVID-19 recommendations
currently in place as well as staff's recommendation to either terminate, extend or permanently
adopt the regulation. At the meeting, staff will review each of the temporary regulations and
request direction from City Council on whether to terminate, extend or codify the various
regulations. Staff has provided its recommendation in the table.
Temporary Regulations
Staff Recommendation
1. Institutional uses (i.e. schools, churches,
Continue this temporary regulation until
governmental facilities), businesses and
October 31, 2021. During the spring and
residential properties are permitted to set up
summer months it is common for residents to
temporary structures such as tents in order to
host graduation, wedding receptions or
encourage activities normally associated with
similar events at their homes which
its primary indoor functions to be conducted
sometimes result in large gatherings. Also,
outdoors. Waive tent permit fees to
during the spring and summer months,
encourage tents to be set up at residential,
businesses and institutional uses such as
institutional uses and businesses to
places of worship tend to hold events such as
encourage events to be held outdoors to
picnics, mother's day out, summer related
youth events and employee appreciation
increase the likelihood of social distancing
days. Holding these types of events either
and improve air circulation.
fully or partially outdoors will increased the
likelihood of social distancing and improved
air circulation, which are both part of the
recommended CDC guidelines for preventing
the spread of COVID-19 virus. Typically, the
apprehension to moving events either fully or
partially outside is the uncertainty of the
weather. To address uncertain weather
conditions many event organizers will
consider setting up large tents. Currently any
tent larger than 400 square feet in size
requires a permit application be submitted to
the City, fee payment and an inspection once
the tent is installed. In order to encourage
residents, institutional uses and businesses
to consider installing tents and utilizing
outdoor space, it is recommended that tent
related regulations be relaxed in terms of
duration on site and permit fees be waived
until October 31, 2021. (Tents installed over
400 sq. ft. in size will still require a Fire
Department inspection).
2. Instructional classes associated with gyms,
Terminate this regulation(s) on June 30,
fitness studios and other similar uses may be
2021. Provide communication to businesses
conducted outside the building on the same
on the termination of the regulation 30 days
property in which the facility is located.
prior to the established termination date (May
30, 2021).
3. Temporary sign regulations
Terminate regulations on June 30, 2021.
Provide communication to businesses on the
termination of the regulation 30 days prior to
the established termination date (May 30,
2021).
4. Restaurant Patio areas
Adopt regulations into the zoning ordinance
to allow as a permanent permitted accessory
use. Extend the temporary regulation(s) until
such time the permanent regulations are
adopted into the zoning ordinance.
5. Sidewalk sales
Staff believes that allowing sidewalk sales on
a limited basis may assist retailers and allow
sales to occur in an outdoor environment.
Staff is requesting City Council provide
direction on the possible development of a
permanent regulation.
6. Landscaping replacement
Extend temporary regulations until June 30th
of 2022. Due to the February winter storm a
significant amount of plant material needs to
be replaced. Currently, due to demand many
types of plant materials are either not in stock
and if the plant types are available the market
demand has increased the cost significantly.
Below are all temporary COVID-19 regulations currently in place:
Outside Activities/Signage
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.
Extending the deadline of this regulation until
June of 2022 will allow supply to be
replenished, allow planting to occur during
the winter or spring months which is more
conducive to the plant's long term survival
and may allow market costs to stabilize.
7. Food truck/Outdoor pick up
Terminate regulations on June 30, 2021.
Provide communication to businesses on the
termination of the regulation 30 days prior to
the termination date (May 30, 2021).
8. Off-site or Outside Vaccination or Testing
Adopt as part of the zoning ordinance as a
permanent permitted accessory use. Extend
the temporary regulations until such time the
regulation is adopted into the zoning
ordinance.
9. Allow the designation of a required parking
Adopt as part of the zoning ordinance as a
spaces as curbside parking spaces for pick
permanent permitted parking use. Parking
up, delivery or paying for transactions. Up to
percentages and regulations will likely be
30% of required parking spaces can be
modified to better address the gig economy.
designated for curbside pickup and delivery
but not more than 15 spaces for any
business.
Below are all temporary COVID-19 regulations currently in place:
Outside Activities/Signage
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
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.
M
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PICK-UP
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Feather Sign A -frame sign Banner sign
b. Each business may have up to three (3) temporary yard signs per location.
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c. Each business m
WE ARE
OPEN!
CARRY -OUT
OR CURBSIDE
SERVICE
utilize up to 50% of its window area for tempora
window sian
IIS
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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.
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.
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P0ONLNE
I
RDER
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.
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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.
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.
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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 Displays
4. Display of merchandise or any activity associated with the event must be either 1) 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.
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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.
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 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.
Landscaping
Landscaping: Defer the replacement of any required tree, bush or landscaping materials on
non-residential properties until the Spring of 2021 (July 15t")
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
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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.
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