Item 8ACITY OF
SOUTH LAKE
ITEM 8A
DATE: June 5, 2021
TO: City Council
FROM: Kenneth Baker, Sr. Director of PDS
SUBJECT: Item 8A - Resolution No. 21-026, Terminate, extend or modify existing
temporary business and permit related regulations, practices and activities
associated with the COVID-19 emergency and authorize the City Manager
to extend, implement or enact these or similar regulations and activities
until December 31, 2021.
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 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 extended until June 15, 2021 by the City
Manager as permitted by resolution 21-009. As the COVID-19 emergency situation improves,
businesses and activities return to more normal, and State and County restrictions related to
COVID-19 have been lifted, it is staff's recommendation to terminate most of the temporary
regulations that have been in place since March of last year. However, there are a few
regulations related to patio dining, tent permits and landscaping replacement that are
recommended to be extended. Also, it is recommended that staff prepare and present City
Council with proposed permanent zoning regulations for consideration in the fall of 2021 to
address patio dining, parking related signage for pick up and delivery, outdoor retail sidewalk
sales and outdoor vaccination/testing clinics.
Below is a table which summarizes each of the temporary COVID-19 recommendations
currently in place as well as staff's recommendation on each of the temporary regulations.
Recommendations below reflect feedback that the staff received on a discussion on the
temporary regulations that was held on May 15, 2021.
In addition, the staff is recommending that the provision to authorize the City Manager to
extend, implement or enact similar regulations or activities remain until December 31, 2021 to
address any changing or unforeseen circumstances related to the COVID-19 situation.
Temporary Regulations
Staff Recommendation
1. Institutional uses (i.e. schools, churches,
Continue this temporary regulation and
governmental facilities), businesses and
waive all tent permit fees until October 31,
residential properties are permitted to set up
2021. During the spring and summer months
it is common for residents to host graduation,
temporary structures such as tents in order to
wedding receptions or similar events at their
encourage activities normally associated with
homes which sometimes result in large
its primary indoor functions to be conducted
gatherings. Also, during the spring and
outdoors. Waive tent permit fees to
summer months, businesses and institutional
encourage tents to be set up at residential,
uses such as places of worship tend to hold
institutional uses and businesses to
events such as picnics, mother's day out,
encourage events to be held outdoors to
summer related youth events and employee
increase the likelihood of social distancing
appreciation days. Holding these types of
and improve air circulation.
events either 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 on June 30,
fitness studios and other similar uses may be
2021.
conducted outside the building on the same
property in which the facility is located.
3. Temporary sign regulations
Terminate regulations on June 30, 2021.
4. Restaurant Patio areas
Extend the temporary regulation(s) until
such time the permanent regulations are
adopted into the zoning ordinance. Staff
will present permanent regulations for City
Council to consider in the fall of 2021.
5. Sidewalk sales
Terminate regulation on June 30, 2021.
Staff is recommending the termination of the
temporary regulation but will present
permanent regulations for City Council to
consider in the fall of 2021 that will allow
retailers limited opportunities to conduct
outdoor sales up to 2 times a year.
6. Landscaping replacement (Provide relief
Extend the temporary regulation until
on the replacement of permanent
June 30' of 2022. However, all dead
landscaping)
landscaping must be removed.
immediately and disposed. 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.
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 food pick up
Terminate regulation on June 30, 2021.
8. Off -site or Outside Vaccination or Testing
Terminate regulation on June 30, 2021. It
should be noted that if an unexpected need
arises to conduct off -site or outside
vaccination type clinic, the provision to
authorizing the City Manager to extend,
implement or enact similar regulations or
activities remain until December 31, 2021 can
be enacted to allow this activity to occur.
9. Allow the designation of a required parking
Terminate regulation on June 30, 2021.
spaces as curbside parking spaces for pick
Staff is recommending the termination of the
up, delivery or paying for transactions. Up to
temporary regulation but will present similar
30% of required parking spaces can be
permanent regulations for City Council to
designated for curbside pickup and delivery
consider with lower parking percentage in the
but not more than 15 spaces for any
fall of 2021. The regulation will be focused
business.
more on the gig, delivery and pick up
economy.
Below are all temporary COVID-19 regulations currently in place:
Outside Activities/Signage
1. Institutional uses (i.e. schools, churches, governmental facilities) businesses and residential
properties 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.
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NOW
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PICK-UP
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
SERVICE /'"
c. Each business may utilize up to 50% of its window area for tem
window sian
11AL I UOR E F1100.
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.
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ONLIJE
ORD
PICK ONL
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.
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.
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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
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 Disolays
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.
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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.
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 15tn)
Parking
0
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 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.
M
RESOLUTION NO. 21-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, TERMINATING, EXTENDING (RATIFYING)
OR MODIFYING EXISTING TEMPORARY REGULATIONS AND
ACTIVITIES FOR SOUTHLAKE BUSINESSES DURING THE
COVID -19 EMERGENCY AND AUTHORIZING THE CITY
MANAGER TO EXTEND, IMPLEMENT OR ENACT THESE OR
SIMILAR TEMPORARY REGULATIONS AND ACTIVITIES UNTIL
DECEMBER 31, 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 has allowed 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 has allowed 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 has allowed 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
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and 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
and has also waived tent permit fees to encourage conducting activities outdoors.
WHEREAS, the City wishes to provide the City Manager with authorization to
enact similar types of temporary regulations or activities or extend temporary regulations
(exhibit #1) until December 31, 2021
WHEREAS, due to the COVID-19 emergency situation improving, businesses and
activities returning to more normal, and State and County restrictions related to COVID-
19 have being lifted, the City will terminate some temporary regulations and activities
effective June 30, 2021, while extending some regulations and activities past this date as
outlined in Exhibit #1 of this resolution; and
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 1, 2021.
Section2. That this resolution is in effect upon passage and adoption by the City
Council.
PASSED AND APPROVED THIS THE DAY OF
2021.
John Huffman, Mayor
ATTEST:
Amy Shelley, City Secretary
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EXHIBIT #1
Outside Activities/Signage
1. Institutional uses (i.e. schools, churches, governmental facilities) ), businesses and residential
properties 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. Tent Permits fees are waived (Continue this
temporary regulation and waive all tent permit fees until October 31, 2021).
2.
Terminate
regulation June 30, 2021
Off -Site or Outside Vaccination or Testing (Terminate regulations June 30, 2021)
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Temporary Sign Regulations (Terminate Regulations June 30, 2021)
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Restaurant Patio Areas (Extend the temporary regulation(s) until such time the
permanent regulations are adopted into the zoning ordinance).
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 (Terminate regulations June 30, 2021)
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Landscaping (Extend the temporary regulation until June 30t" of 2022. However, all
dead landscaping must be removed).
Landscaping: Defer the replacement of any required tree, bush or landscaping materials on
non-residential properties until the Spring of 2021 Extend the temporary regulation
until June 301" of 2022. However, all dead landscaping must be immediately removed
Parking (Terminate regulations June 30, 2021)
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Other Activities (Terminate regulations June 30, 2021)
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