City Council

CITY OF FARMINGTON CITY COUNCIL WORK SESSION AGENDA August 21, 2018 - 9:00 a.m. DEPARTMENT HEAD REPORTS 1. Recommendation from the Liquor Hearing Officer for approval of the transfer of location of Dispenser Liquor License No. 1011 (on premises consumption only with patio service) for Susan, Inc., formerly doing business as Copper Penny/Top Deck, 515 East Main Street, Farmington, New Mexico to do business as Traegers, 5170 College Boulevard, Suite 106, Farmington, New Mexico (Dianne Smylie)---------------1 Action Requested of Council : Approve the transfer of location of Dispenser Liquor License No. 1011 as recommended by the Liquor Hearing Officer. Background/Rationale: State law requires approval of the transfer of location of the liquor license from the local governing body. The Liquor Hearing Officer considered the application on August 10, 2018. Council approved a waiver to the 300-foot separation requirement from a school (San Juan College) at the July 10, 2018 regular City Council meeting. 2. Discussion and public comment regarding the City's financial and economic sustainability specifically pertaining to the proposed implementation of a new 5/8% gross receipts tax increment to be dedicated as follows: 1/8% for Public Safety (Police and Fire); 1/8% for Pubic Works (street paving); 1/8% for hold harmless reimbursement and 1/4% for community transformation and economic diversification (Mayor) 3. Adoption of Ordinance No. 2018-1312 adopting a municipal gross receipts tax (Jennifer Brea ke 11) ------------------------------------------------------------------------------------- 2 Action Requested of Council: Adopt Ordinance No. 2018-1312. 4. Adoption of Ordinance No . 2018-1313 adopting a municipal hold harmless gross receipts tax (Jennifer Breakell)---------------------------------------------------------------------- 3 Action Requested of Council: Adopt Ordinance No. 2018-1313. 5. Discussion of and direction to voting delegate and alternate voting delegate regarding the resolutions being presented at the 2018 New Mexico Municipal League Annual Business Meeting (Rob Mayes)  COUNCIL BUSINESS AGENDA ITEM SUPPORT MATERIALS ARE AVAILABLE FOR INSPECTION AND/OR PURCHASE AT THE OFFICE OF THE CITY CLERK, 800 MUNICIPAL DRIVE, FARMINGTON, NEW MEXICO. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend the meeting and will need an auxiliary aid or service, please contact the City Clerk's Office at 599-1106 or 599-1101 prior to the meeting so that arrangements can be made. 2  "C!.I ..,..,..,_ , .., ......... ... F. CHESTER MILLER III, P.C. Attorney At Law 907 West Apache Street Farmington, New Mexico 87401 chestermilleriii@yahoo.com Telephone (5'05) 327-0428 Facsimile(505) 327-0420 August 14, 2018 ****SENT VIA FACSIMILE TO 505-599-1113**** Mayor NateiDuckett and City Co~cilors of the City of Farmington 800 Munici_()al Drive Farmington;, New Mexico 87401 RE: Lie. No./Appl. No.: Liquor License No. 1011 Applicant Name: Susan, Inc. Business Name: License leased to Mr. 4S, LLC, d/b/a Traegers Proposed Location: 5170 College Blvd., Suite 106, Farmington, New Mexico 87402 Application Type: Transfer location for FULL SERVICE LIQUOR LICENSE, WITH PATIO SERVICE Dear Mayor and Council Members: 1 In accordance with the law, a public hearing was held on August 10, 2018 at 8:15 a.m. in the City Council Chambers at the Municipal Building concerning the above referenced license application. A recording ofthe hearing was made. Notice to the public was properly given by publications in the local newspaper and posting to the City of Farmington legal notice website. The Alcohol and Gaming Division granted an extension of the time for the final approval by the City. Only the representatives of Mr. 4S, LLC, Scott Weaver and Ruth Weaver, attended the hearing in person. A waiver, with the approval from the San Juan College Trustees, of the distance requirements from San Juan College has been granted by the City in July, 2018. The building construction has not been completed, so the fire inspection is not yet possible. This application is for a transfer of location of the dispensary liquor license, with patio service. The applicants do not presently intend to offer package sales, but the license is not limited to only on premise use. The zoning is appropriate for the use planned, with the special use permit previously granted. - 1.0 - After reviewing the application; the reports from the various City departments, traffic, zoning, police; and hearing the comments from Scott Weaver and Ruth Weaver concerning the benefits of health, safety and morals of the citizens of Farmington, including the steps taken to protect against over serving or serving of minors, my recommendation to the City Council is that the application be approved by, the City. If I can proV;ide anything further, please let me know. Respectfully Submitted, F~~"llerill FC~::?/(" - 1.1 -  New Mexico Regulation and Licensing Department ALCOHOL AND GAMING DIVISION P.O. Box 25101 • Santa Fe, ew Mexico 87504 - 5101 (505) 4 7 6 - 4875 • Fax (505 ) 4 7 6 - 4595 • www.rld.state.nm.us / alcoholandgaming June 27, 2018 Certified Mail No.: 917196900935 0155 1679 45 Susana Martinez Governor City of Farmington Attn: Dianne Smylie, Clerk Robert "Mike" Unthank 800 Municipal Drive Superintendent ·- f) .' Farmington, NM 87401 Pat McMurray . .- of Farmingti Deputy Superindendent Re: Lie. No.: 1011 r.:tv ('' rk Name of Applicant: Susan, Inc. Claudia Armijo Doing Business As: Traegers Deputy General Counsel Proposed Location: 5170 College Blvd., Suite. 106 Debra A. Lopez Farmington, NM 87402 Acting Director Greetings: The Director of the Alcohol and Gaming Division has reviewed the referenced Application and granted Conditional Preliminary Approval. It is being forwarded to you for Local Option District approval or disapproval of the Liquor License Application. While the law states that "within forty-five (45) days after receipt of a Notice from the Alcohol and Gaming Division, the governing body shall hold a Public Hearing in the question of whether the department should approve the proposed issuance or transfer", we recognize the potential for conflict between the requirement for publication of 30 day notice and the 45 day hearing requirement. Should the Local Governing Body be unable to meet one of these requirements, please send a Request for Waiver/Extension by email to the assigned AGD Hearing Officer listed on page 2. Notice of the Public Hearing required by the Liquor Control Act shall be given Alcohol and Gaming Division by the governing body by publishing a notice of the date, time, and place of the (505) 476-4875 hearing twice during the 30 days prior to the hearing in a newspaper of Boards and Commissions Division general circulation within the territorial limits of the governing body. The first (SOS) 476-4600 notice must be published at least thirty (30) days before the hearing. Both Construction Industries Division publications must occur before a hearing can be conducted. The notice shall (SOS) 476-4700 include: Financial Institutions Division (A) Name and address of the Applicant/Licensee; (SOS) 476-488S (B) The action proposed to be taken by the Alcohol & Gaming Division; Manufactured Housing Division (C) The location of the licensed premises. (SOS) 476-4770 Securities Division In addition, if the Local Option District has a website, the Notice shall also be (SOS) 476-4S80 published on the website. Administrative Services Division (SOS) 476-4800 The governing body is required to send notice by certified mail to the Applicant of the date, time, and place of the Public Hearing. The governing body may designate a Hearing Officer to conduct the hearing. A record shall be made of the hearing. THE APPLICANT IS SEEKING ATRANSFER OF LOCATION OF DISPENSER LIQUOR LICENSE NO. 1011 WITH ON PREMISES CONSUMPTION ONLY WITH PATIO SERVICE. APPLICANT IS REQUESTING AW AIYER AS THE PREMISES IS 50 FEET DISTANCE FR?111.~A_N JUAN COLLEGE Within thirty (30) days after the Public Hearing, the governing body shall notify the Alcohol and Gaming Division of their decision to approve or disapprove the issuance or transfer of the license by signing the enclosed original Page 1 of the Application. The original Page 1 of the Application must be returned together with the notices of publication. If the Governing Body fails to either approve or disapprove the issuance or transfer of the license within thirty days after the Public Hearing, the Director may issue the license. If the Governing Body disapproves the issuance or transfer of the license, it shall notify the Alcohol and Gaming Division within thirty (30) days setting forth the reasons for the disapproval. A copy of the Minutes of the Public Hearing shall be submitted to the Alcohol and Gaming Division with the Notice of Disapproval (Page 1 of the Application, noting disapproval). Respectfully, Charmaine artinez, Hea · g Officer New Mexico Regulation & Licensing Dept. I Alcohol & Gaming Division Phone: (505) 476-4804 Fax: (505) 476-4595 Email: charmaine.martinez2@state.nm.us Enclosures: 1. Original Page 1 of the Application (must be signed and returned w/notices ofpublication) 2. Copy of Page 2 of the Application 3. Copy of Zoning Statement New Mexico Regulation and Licensing Department ALCOHOL AND GAMING DIVISION Page 2 of 2 - 1.3 -  New Mexico Regulation and Licensing Department I Alcohol and Gami ng Division PO B ox 251 0 1 Santa Fe , N M 8 7 50 4 -5 10 1 I P ho n e : (505 ) 476- 4 875 Fa x : (50 5) 47 AGD USE ONLY: Payment! Application Fee $ _ __;}; ~RC~--- Received on: O'"'3 ../y Application Number: _ _ _ _ _ _ _ _ _ __ Local Option District: _h _-'-Pe- --'='--'--E:=~==:::':==:::==~:::E;~ TRANSFER OF DISPENSER-TYPE LIQUOR LICENSE APPLICATION $200.00 App lication Fee, non-refundable. 1011 Type of License: Dispensers License Check appropriate boxes: Application is for: DTransfer of Ownership D Transfer of Ownership and Location G.Trans fer of Location Only R ecord Owner of Existing License: Susan Inc. - - - - - - - - -- - -- - -- - - -- - - - - -- -- - - - - - - Current D/B/ A Name: Copper Penny/Top Deck Current Premises Address: 515 E. Main Street, Farmington, NM 87401 Current LOD: -Son Juan County -Hi'rrvv\(\ Is License moving out of Local Option District? DY es [JgNo APPLICANT IS: Dindividual D Limited Liability Com pany Q9co rporation D Partnership (Genera l/Limited) NAME of Individual/Company: ADDRESS (including city, state, zip) Susan Inc. 27 C County Road 3451 , Flora Vista , NM , 87415 5 LL.L D/B/A Name to be used: k cl-bq li£a~5 Business Phone#: 505-360-8880 Email Address (required): susandouglas99@yahoo.com Physical location where license is to be used: (Include Street # I Highway # I State Road, City, State, and Z ip Code) 5170 College Blvd . Ste . 106 Farmington , NM , 87402 _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ _ _ _ __ _ _ __ _ _County of: San Juan County Mailing Address: 27 B County Road 3451 , Flora Vista , NM , 87415 Are alcoholic beverages currently being dispensed at the proposed location? D Yes W No If Yes, License # I Type: _ _ _ _ _ __ Phone#: 505-360-8880 Email: susandouglas99@yahoo.com I, (print name) ----''""-::::~-----$ --- , as (titlei . . . .,~=~............ ........,'= 2 · =~....-d ~_;{' ___________ being first duly sworn upon oath deposes and ays: that he/she is the app li cant or is authorized by the applicant to make this appli cation; that he/she has read the same; knows the contents therein contained are true. App li ca nt(s) agree(s) that if any statements or representations herein are fo und to be fa lse, the Director may refuse to issue or renew the li cense or may cause the li cense to be revoked at any time. Sign before a Notary Public: Signature of App licant: SUBSCRTBED AND SWORN TO before me this _ _,_, . ,____ _ By: S USO D ~Q ~ City, County, Village FOR LOCAL OPTION DISTRICT USE ONLY: Local Governing Body o f : _ _ _ _ _ _ _ _ _ _ _ _ _ __ Public Hearing held on - -- - - - - - - - - - - -, 20- -- - Check one: O Approved O Disapproved S~n~ure a ndTitl eofCi~/Co un~Officia l : _ _ _ _ _ __ _ _ __ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _~ FOR ALCOHOL AND GAMING DIVISION USE 0NL Y: D Approved 0 Disapproved Signed by Director: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ __ _ Date: _ _ _ _ _ _ _ _ __ - 1.4 - e . ' J New Mexico Regulation and Licensing Department I Alcohol and Gaming Division I Pa~'.:"'.1.!'~~ · - PO B ox 251 0 1 San ta Fe, NM 87 504 - 51 0 1 I Ph o n e: (50 5) 4 76- 4 87 5 F ax: (5 05 ) 4 76- 4: PREMISES LOCATION, OWNERSHIP, AND DESCRIPTIO RE('··e,_('7fy::; MAY 0 3 20 18 N MSA §60-6B-10 AL" r f-1,..·· '~ u • .uL & ~~.MING 01\/iSIOi I 1. The land and building which is proposed to be the licensed premises is: (check one) D Owned by Applicant, copy of deed/document attached D Leased by Applicant, copy of lease/document attached OOther (provide details): The Lessee of the Applicant (Susan Inc.) is leasing the building of the propsed licensed premise. 2. If the land and building are not owned by Applicant, indicate the following: A. Owner(s): Wildcat Properties, LLC (Building) Capital S, LLC (Land) B. Date and Term of Lease: (3) Years commencing 5/1/2018 and ending 4/30/2021 3. Premises location is Zoned (example C-1 . see Zon ing Statement) : LNC, Local Neighborhood Commercial D Zoning Statement attached, which must be obtained from the Local Government, listing the proposed location by address, Type of Zone, state whether alcoholic beverages are allowed at proposed location, and if applicable, whether packaged sales, patio service and/or manufacturing is allowable. If there is no zoning in the proposed location, attach Statement from the local government, indicating there is no zoning. 4. Distance* from nearest Church: (Property line of church to closest point of licensed premises-shortest distance) Name of Church: New Covenant United Methodist Church Miles/feet: -635 Feet ------- Address/location of Church: 4600 College Blvd, Farmington, NM 87402 5. Distance* from nearest School: (Property line of school to closest point of licensed premises-sh istance) Name of School San Juan College Miles/fe t 50 Fee '--======~---~ Address/location of School: 4601 College Blvd , Farmington , NM 87402 6. Distance from military installation *(Property line of military installation to closest point of licensed premises-shortest distance.) Name of Military Installation, circle one: Kirtland Air Force Base (Albuquerque), White Sands Missile Range (Las Cruces), Miles: 152 Miles Holloman Air Force Base (Alamogordo), Cannon Air Force Base (Clovis) 7. Attach Detailed Floor Plan, must include the Total Square Footage of premises; List nearest cross street; Show which direction is North; Show each level (floor) where alcoholic beverages will be sold or consumed, exterior walls, doors, and interior walls; Patio Area with type of barrier used; Highlight Bonded Areas. The floor plan should be no larger than 8Yz x 11 inches and must be labeled with designated areas highlighted, which will reflect the proposed Licensed Premises. 8. Type of Operation: D Hotel []!Lounge D Package Grocery D Restaurant D Racetrack D Small Brewer Dcraft Distiller Dwinery Dwholesaler D Other (specify):_ _ _ _ __ _ __ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ *NOTE: If the distance is beyond 300 feet, but less than 400 feet, a Registered Engineer or Licensed Surveyor must complete a Survey Certificate showing the exact distance. - 1.5 -  COMMUNITY DEVELOPMENT FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL DECISION Petition SUP 18-12 Special Use Permit to allow a bar at 5170 College Boulevard #106 in the LNC, Local Neighborhood Commercial District A. STAFF REPORT, March 15, 2018 PROJECT INFORMATION ' ;A AV .0. »p 2018 " ' v ·\ Applicant Mr. 4s OBA Traegers ' ,,._._,. . .,. , ..:. !,... ~. - ~ !1 Representative Scott Weaver . -~-- - .... - Date of February 14, 2018 Application Requested Approval of a special use permit to allow a bar in the LNC, Action Local Neighborhood Commercial zoning district. Location 5170 College Boulevard #106 Existing Land Commercial Use Existing Zoning LNC, Local Neighborhood Commercial . Surrounding North: LNC, Local Neighborhood CommercialNacant Zoning & Land South: SF-10 Single-family residentialNacant Use East: OP, Office Professional/Offices West: RA, Rural Agriculture/San Juan College Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday February 25, 2018. Property owners within 100 feet were sent notice by certified mail on Wednesday February 21 , 2018 and a sign was posted on Friday, March 2, 2018. Staff Planner Helen Landaverde, Associate Planner STAFF ANALYSIS Background - 1.6 - The applicant requests a special use permit to allow for a bar with a limited menu at 5170 College Boulevard #106 located in the Silver Ridge Plaza in the LNC, Local Neighborhood Commercial District. In addition , the applicant is proposing to use the second floor for special events. "Live band", "live DJ" music and dancing will not be provided at the business. The proposed use will be located in a two-story building , currently vacant in the Silver Ridge Plaza. Bars, taverns, and lounges (drinking-oriented) are allowed uses in the LNC District with the approval of a Special Use Permit. The subject property is in an existing three building multi-tenant neighborhood commercial center. Silver Ridge Plaza currently contains the following tenants: Adara Hair & Nail Salon, Fast Signs, Learning Express Toys, Zenish , Munchies Sandwich and Ice Cream Shop, Business Solutions, lmageNet, Edward Jones. The property to the north of the subject property is zoned as LNC , Local Neighborhood Commercial. The property to the south is zoned SF-10 Single- family residential and it is currently vacant and undeveloped. The property to the east is zoned as OP, Office Professional and to the west the property is zoned RA, Rural Agriculture. San Juan College Quality Center for Business is located directly across from the subject property. Pursuant to New Mexico State Statute, 60-68-10 Business Licenses, "no license shall be issued by the state for the sale of alcoholic beverages that is within three hundred (300) feet of any church or school without a waiver from the local governing body" (e. g. Farmington City Council). The address 5170 College Boulevard #106 is approximately 50 feet from San Juan College's Quality Center for Business. The applicant has communicated that he will meet with San Juan College on March 13, 2018 to discuss the proposed use in regards to the State's 300-foot rule. The proposed bar is approximately 635 feet from the New Covenant United Methodist Church and 1,015 feet from the Church of Jesus Christ of Latter-day Saints (see Pictometry map). A liquor license was previously approved and issued for Fire House Java & Cuisine at Silver Ridge Plaza, 5150 College Boulevard #206, on February 15, 2013. The liquor license for this location expired on January 2?. 2016 (see attachment). Staff has verified and confirmed that there has not been a history of code violations associated with the previous use and the sale and service of alcoholic beverages. Pursuant to UDC 2.44.55B , retail sales and service of alcoholic beverages (entertainment and drinking-oriented) "shall not be permitted within 200 feet of a residential structure, unless the City Council finds that waiving this requirement will not adversely affect the adjacent neighborhood . For the purposes of this subsection, all measurements taken in order to determine the location of the use in relation to a residential structure shall be the straight-line distance from the residential structure to the structure wherein the license shall be used." The - 1.7 -  nearest residential uses are 367 feet away and located south east of the subject property (see Pictometry map). Proposal The proposed bar will be located on a developed site, Silver Ridge Plaza. The proposed building at 5170 College Boulevard #106 is approximately 2,700 square feet with an outdoor patio measuring 500 square feet. The outdoor patio will be enclosed; a four-foot tall fence will be installed . The first floor consists of 1,900 square feet and includes the 500 square foot patio space. The applicant proposes to have a total of 60 seats, 16 tables and 12 seats at the bar, inside the first floor. For the outdoor seating, the applicant is proposing to have five (5) outdoor tables with 20 seats; totaling 80 seats for the first floor. The second floor measures approximately 800 square feet. The applicant is proposing a total of 32 seats for the second floor, seven (7) tables and 10 seats at the bar. The second floor will be utilized only for special events and as rental space. The applicant will not have "live band", "live DJ" music or dancing, but will have occasional acoustic players play music inside the building. Construction plans for Silver Ridge Plaza show that there are 48 existing parking spaces and there will be an additional 75 parking spaces added to the east and west side of the proposed building; totaling 123 off-street parking spaces for Silver Ridge Plaza (see attachment) . It is anticipated that the highest demand for parking for the proposed bar may occur after other businesses within the Silver Ridge Plaza have closed . Pursuant to the UDC 5.2.3 Minimum off-street parking requirements the proposed use meets Farmington's parking requirements for a bar and will have sufficient off-street parking and shared parking at Silver Ridge Plaza, as well as access to driveways from College Boulevard. Table 1. Minimum off-street parking requirements - 1.8 - The applicant is currently leasing the liquor license from owner Susan , Inc. for Copper Pennyrfop Deck for the proposed bar at 5170 College Boulevard #106. This liquor license is active and expires June 30 , 2018 . The applicant proposes the following hours of operation listed in Table 2. Table 2. Business Hours of Operation First-floor Second-floor (Special Events) Hours . Monday - CLOSED Business meetings, ' events, mixers, etc. by Tuesday -Thursday 3:00.p.m. -1.1 :.3 0 appointment. ~ Friday - Sat.urday 3:00 12.m; ~ 1.2:00,a.m. Sunday 1.1 l00 a.m. - 9:CJO 12.m. Maximum TBD TBD Capacity The applicant has indicated that there will be a Security Plan for the proposed use and intends to conduct the sale of alcohol in accordance with the Liquor Control Act of New Mexico standards and requirements. The applicant has communicated that certified servers will be employed to ensure that all applicable laws regarding alcohol consumption are being observed and followed . In addition , adequate lighting and security cameras will be placed throughout the establishment to monitor and ensure that all applicable laws regarding alcohol consumption are being observed and followed . Consistency with the Comprehensive Plan The proposed bar is consistent with Farmington's Comprehensive Plan . The proposed use promotes and facilitates the City's Land Use and Development goals and objectives for commercial land use. "Goal: Plan and facilitate land use and development that is consistent, orderly, functional, in harmony with the natural environment, and promotes a progressive, vibrant, scenic, and safe community. " "Objective 4. 5: Support the development of vibrant and viable commercial area with a variety of uses." "Action 4.5.2: Locate new commercial developments near existing commercial areas and buffer from residential uses." - 1.9 -  "Action 4. 7.2: Encourage neighborhood and general commercial development along roadway corridors to provide buffers when adjacent to residential neighborhoods. " The proposed use also promotes and facilitates the City's Economic Development Plan goals and priorities, which are also listed in the City's Municipal Code in Chapter 22 . Goals 1 and 4. The goals of the economic development plan are as follows: (1) Reduction of unemployment and an increase in the labor force participation rate; and (2) Improved econom ic diversification . Priorities 2, 4, and 5. The priorities of the economic development plan are as follows: (2) Business and industries that provide semiskilled and skilled jobs; (4) Businesses and industries that produce goods or services locally, for distribution within the region to displace imported goods and services; and (5) Businesses and industries that fill a gap in the local economic base. Additionally, the proposed use is consistent with the City's 2020 Future Land Use Plan . The plan calls for this area to be Neighborhood Commercial (see attachment). A Special Use Permit for a bar in the LNC , Local Neighborhood Commercial District is consistent with the Comprehensive Plan. Special Use Permit Criteria - Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that an SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. Criteria are listed as follows : A. Effect on environment: The location, size , design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to the neighboring property. The proposed use should not be detrimental to the surrounding properties. The proposed bar meets the City's 200-foot rule (UDC 2.44.558). The nearest existing residential uses are approximately 367 feet from the subject property line. Additionally, the sale and service of alcoholic beverages was previously permitted for Fire House Java & -1.10-  Cuisine at Silver Ridge Plaza from 2013 to 2016. Staff has not found any code violations related to the previous use and the sale and service of alcoholic beverages at the proposed location. The applicant does not propose to have "live band" music, "live DJ" music and/or dancing at the bar. The proposed hours of operation will not generate noise in the late evening or early morning hours. The sale of alcohol will be conducted under a license from the New Mexico Regulation and Licensing Department in accordance with the Liquor Control Act. The Liquor Control Act includes standards and requirements to mm1m1ze problems associated with alcohol consumption, such as disorderly conduct from excessive alcohol consumption, and have trained and certified employees in the responsible service of alcohol. B. Compatible with surrounding area: The proposed site plan , circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. The proposed use is compatible with the surrounding retail area and should not be detrimental to the surrounding properties. The proposed bar will be located in the Silver Ridge Plaza, which contains a variety of commercial uses such as retail, restaurant, and service-oriented uses. The proposed bar will maintain the existing character of the area and will meet all required setbacks, height restrictions, and off-street parking requirements. The proposed bar is an allowed use with the approval of a Special Use Permit in the LNC, Local Neighborhood Commercial District. C. External impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to the impacts. The nearest residential uses are approximately 367 feet away and located south east of the subject property (see attachment). The applicant is proposing limited hours of operation and will not have "live band", "live DJ" music and/or dancing in the building or the outdoor area. The proposed use will not generate noise in the late evening or early morning hours. Staff has also determined that there has been no history of code violations associated with previous sale and service of alcoholic beverages at Silver Ridge Plaza. There are no negative impacts -1.11 -  concerning noise, glare fumes, dust, smoke, or vibration. The petitioner is required to mitigate any adverse impacts to the area. 0. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection , and the ability of existing infrastructure and services to provide services adequately. The proposed use will not have a negative impact on existing uses in the area and/or negative impacts on public infrastructure. Adequate facilities and services are currently provided. E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC , the Comprehensive Plan , and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located . The Comprehensive Plan calls for this area to be neighborhood commercial. A Special Use Permit for a bar in the LNC, Local Neighborhood Commercial District is consistent with the UDC and the Comprehensive Plan. Furthermore, the proposed use promotes and facilitates the City's goals and objectives for Land Use and Development, and Economic Development. F. Parcel size: The proposed use may be required to have additional land area , in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. N/A G. Site Plan : The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. The petitioner provided a site plan that conforms to the standards of Section 8.5 (see att~chment). STAFF CONCLUSION Staff concludes approval of SUP 18-12 is appropriate. The building proposed for the bar is located in an existing multi-tenant neighborhood commercial shop, the Silver Ridge Plaza, and the proposed bar must be conducted under a license from the New Mexico Regulation and Licensing Department in accordance with the Liquor Control Act. Therefore , there should not be any adverse effects on the surrounding area. -1.12- STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 18-12, a request from Mr. 4s OBA Traegers, represented by Scott Weaver for a special use permit to allow a bar at 5170 College Boulevard #106 in the LNC, Local Neighborhood Commercial District and subject to the following conditions : 1. The use must meet all requirements of the building and fire codes ; and 2. The use shall be limited to the type of operation presented by the applicant and described in this staff report. Any change to the bar's hours of operation, sale and service of alcoholic beverages or entertainment arrangements, will require approval of an amendment to the Special Use Permit by City Council. -1.13 -  8. FINDINGS OF THE PLANNING AND ZONING COMMISSION On March 15, 2018, the Planning and Zoning commission held a public meeting for SUP 18-12 and made the following findings: 1. The petitioner is Mr. 4s OBA Traegers, represented by Scott Weaver. 2. The property owner is Capital S, LLC 3. The petitioner is requesting a Special Use Permit for a bar at 5170 College Boulevard #106 the LNC, Local Neighborhood Commercial District. 4. The petitioner is proposing to operate a bar in a two-story building approximately 2,700 square feet with an outdoor patio measuring 500 square feet. The petitioner proposes to have a total of 60 seats, 16 tables and 12 seats at the bar, inside the first floor. For the outdoor seating , the applicant is proposing to have five (5) outdoor tables with 20 seats; totaling 80 seats for the first floor. The petitioner is proposing a total of 32 seats for the second floor, seven (7) tables and 10 seats at the bar. Construction plans for Silver Ridge Plaza show that there are 48 existing parking spaces and there will be an additional 75 parking spaces added to the east and west side of the proposed building ; totaling 123 off-street parking spaces for Silver Ridge Plaza. Pursuant to the UDC 5.2.3 Minimum off-street parking requirements the proposed use meets Farmington's parking requirements for a bar and will have sufficient off-street parking and shared parking at Silver Ridge Plaza, as well as access to driveways from College Boulevard. 5. The use is compatible with Farmington's Comprehensive Plan. The proposed use promotes and facilitates the City's Land Use and Development goals and objectives for commercial land use. In addition, the proposed use promotes the City's Economic Development Plan; also listed in the City's Municipal Code in Chapter 22. Furthermore, the use is consistent with the City's 2020 Future Land Use Plan . 6. The Planning and Zoning Commission agreed that there are sufficient regulations for noise and for liquor establishments that condition number two (2), as recommended by staff, can be eliminated. 7. Craig Stoabs, 4800 College Boulevard, is the builder of Silver Ridge Plaza. He stated that residential uses would not be developed behind Silver Ridge Plaza. 8. Mr. Weaver was present at the hearing and spoke in favor of the petition. No one was present to object. Planning & Zoning Commission Action of Petition SUP 18-12 on March 15, 2018 A motion was made by Commissioner Thompson and seconded by Commissioner Waldroup to approve Petition SUP 18-12, a request from Mr. 4s, -1.14- OBA Traegers, represented by Scott Weaver, for a Special User Permit to allow for a bar in the Local Neighborhood Commercial (LNC) district for property located at 5170 College Boulevard #106 with the following condition : • The use must meet all requirements of the building and fire codes. AYE: Chair Cardon, Commissioners Davis, Langenfeld , Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioners Brown, Freeman , and Washburn . Motion passed 6-0 C. FINAL DECISION, CITY COUNCIL, ACTION. March 27, 2018 On March 27, 2018 the City Council adopted the Planning and Zoning Commission recommendation as contained in the Community Development Petition Report and approved Petition SUP 18-12, a request from a request from Mr. 4s, OBA Traegers, represented by Scott Weaver, for a Special User Permit to allow for a bar in the Local Neighborhood Commercial (LNC) district for property located at 5170 College Boulevard #106 with the following condition : • The use must meet all requirements of the building and fire codes . Approved this 27th day of March 2018. ATIEST: AJZ~- Nate Duckett, Mayor O.Ac.f\hl!....~ Dianne Smylie, CityCI LEGAL DEPARTMENT APPROVEDASTOFORM BY:~~= DATE: -1.15-  NOTICE OF PUBLIC HEARING BEFORE THE CITY LIQUOR HEARING OFFICER REGARDING LIQUOR LICENSE CITY OF FARMINGTON, NEW MEXICO Notice is hereby given that the City Liquor Hearing Officer will hold a public hearing in the Council Chamber at the Municipal Building, 800 Municipal Drive, Farmington, New Mexico at 8:15 a.m. on Friday, August 10, 2018 to consider the following request: Application for transfer of location of Dispenser Liquor License No. 1011 (on premises consumption only with patio service) from Susan, Inc., formerly doing business as Copper Penny/Top Deck, 515 East Main Street, Farmington, New Mexico to do business as Traegers, 5170 College Boulevard, Suite 106, Farmington, New Mexico. The Director of the Alcohol and Gaming Division of the New Mexico Regulation and Licensing Department has given this application preliminary approval. Further details regarding this application may be examined at the aforementioned hearing or by contacting F. Chester Miller, III, Esq. (505-327-0428), 907 West Apache Street, Farmington, New Mexico. Dianne Smylie, City Clerk -1.16- Steve Hebbe, Chief of Police Internationally Accredited Since 1995 July 23, 2018 RE: Liquor License #1011 Transfer Application Andrea Jones Deputy City Clerk City of Farmington 800 Municipal Drive Farmington, NM 87401 Deputy City Clerk Jones, Upon review of the request to transfer Liquor License # 1011, from Copper Penny/ Top Deck, located at 515 East Main Street, to 5170 College Blvd. Suite 106, doing business as Traegers, a cursory background investigation, subject to the limitations allowed by law, was conducted as to the merits of the application and the associated applicants. The principal corporate officer(s) listed on the application was found to have no known negative contacts with local police agencies and none were entered into NCIC as being wanted fugitives from other jurisdictions. A review of the attached traffic crash data reveals a negligible concern for an increase in alcohol related traffic crashes by the granting of this application. It is the recommendation of the Farmington Police Department that the application be granted. Captain Taft Tracy ' " ,_.~{,...,,, .... ::""".l\""~·"~ .... ......~Zi2:~~~~Yl.ll#'i.~.,.~·,<+:"'7i::r"''.:..~i.t,"\! ~~~ '\ 800 Municipal Drive• Farmington~NM 87401 •Ph 505.599.1070  TRAFFIC CRASHES and OWi's College Blvd January 1, 2017 through June 30, 2018 Area: College Blvd from Pinon Hills Blvd down to E 30th St Pinon Hills Blvd from Butler Ave to English Rd TRAFFIC CRASHES .1 Total • Of these reported traffic crash incidents, Intersection there was one that resulted in a fatality - Accident - No Injuries 37 (2017-29839) and one that was alcohol College Blvd I Pinon Hills Blvd 14 related (2017 -69699) . College Blvd I Windsor Dr 9 • Crashes that took place on private College Blvd I E 30th St 5 property have been eliminated from this College Blvd IE Messina Dr 3 data. Pinon Hills Blvd I English Rd 2 • It is unknown what the circumstances Pinon Hills Blvd I Butler Ave 1 were surrounding the crashes that were College Blvd /Technology Tri 1 reported at the Mesa Verde Elementary College Blvd I Campus Ave 1 School address. Mesa Verde Elementary School 1 • Traffic Crash data collected from calls - Accident - W/lnjuries 20 for service and the traffic crash log kept College Blvd I Pinon Hills Blw 5 by the records division. College Blvd I Windsor Dr 4 Mesa Verde Elementary School College Blvd I Victoria Way 4 2 OWi's Pinon Hills Blvd I English Rd 1 Intersection ~l Total Pinon Hills Blvd I Hood Mesa Tri 1 College Blvd I E Messina Dr 2 College Blvd IE Messina Dr 1 College Blw I E 30th St 1 Pinon Hills Blvd I Education Dr 1 College Blvd I Pinon Hills Blvd 1 Pinon Hills Blvd I Day Break Dr 1 College Blw I Victoria Way 1 Grand Total 57 Grand Total 5 The data contained in this report was collected from the Farmington Police Department's Record Management System. Although the data has been produced and processed from sources believed to be reliable, no assurances are made regarding accuracy or completeness and should be utilized only as general information. Prepared on July 12, 2018 l! Page -1.18- Ci y of arm ngt n Jones, Andrea <ajones@fmtn.org> Re: Traegers Liquor License Hearing 1 message Scott Weaver <scott@traegersbar.com> Fri , Aug 10, 2018 at 7:45 AM To: "Jones, Andrea" <ajones@fmtn.org> Cc: Ruth Herrera <breezse79@gmail.com>, "Smylie, Dianne" <dsmylie@fmtn .org>, Brandy Vega <bvega@firenet.org>, silverridgeinc@gmail.com Good Morning, I spoke with the builder yesterday afternoon and it looks like the approximate construction final date will be August 31st. If you have any further questions, please feel free to call or email me. Thank you, On Tue, Aug 7, 2018 at 7:35 PM, Scott Weaver <scott@traegersbar.com> wrote: Hello Andrea, I spoke with the builder today and he stated that he would have a better idea by the end of the week so hopefully I will have an approximate construction final date before the hearing on the 10th. As soon as I hear from him , I will be sure to be in contact with you. Thank you On Tue, Aug 7, 2018 at 7:49 AM, Jones, Andrea <ajones@fmtn.org> wrote: Scott, Part of the liquor license hearing process includes the Fire Marshal's inspection of the facility. I know that this situation is somewhat unique since it is new construction. Would you be able to give me an approximate construction final date so that I can share that with the Fire Marshal? Thank you , Andrea Jones, CMC Deputy City Clerk City of Farmington 800 Municipal Drive Farmington , NM 87401 (505) 599-1101 - Office (505) 599-1113 - Fax ajones@fmtn .org Notice: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form . Persons communicating with City officials or employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City officials or employees . SCOTT WEAVER Ownerl 505-402-4548 scott@traegersbar.com I @traegersbar -1.19-  MEMORANDUM DATE: August 8, 2018 TO: Dianne Smylie, City Clerk; Andrea Jones, Deputy City Clerk FROM: Isaac Blue Eyes, Traffic Administrator SUBJECT: Traegers Liquor License Hearing The following information is being provided at your request: 1) The most recent traffic count at the nearest ma;or intersection(s) . a. Pinon Hills Boulevard and College Boulevard b. College Boulevard and Windsor Drive 2) Please see Table 1, to view the traffic volume at these intersection(s). Pinon Hills Boulevard @ College Boulevard 11,007 03/29/2012 6 Hour Count College Boulevard @ Windsor Drive 9,086 08/26/2015 8 Hour Count 3) Anv information regarding proposed changes at those intersections, such as signalization or other changes which may affect traffic flow. a. No proposed changes to intersection(s) - 1.20 - Ci y of arm ngt n Jones, Andrea <ajones@fmtn.org> RE: Request for Waiver/Extension - License No. 1011 1 message Lopez, Debra, RLD <Debra.Lopez@state.nm.us> Tue, Jul 31, 2018 at 10:27 AM To : "Koroneos-Martinez, Charmaine, RLD" <Charmaine.Martinez2@state .nm .us>, "ajones@fmtn.org" <ajones@fmtn.org> The request for extension to the council meeting scheduled for August 21, 2018 is hereby granted . Debra A. Lopez PO Box 25101 2550 Cerri!los Road Santa Fe, NM 87504-5101 (505} 476-4551 From: Koroneos-Martinez, Charmaine, RLD Sent: Tuesday, July 31, 2018 10:24 AM To: Lopez, Debra, RLD <Debra.Lopez@state .nm .us> Subject: FW : Request for Waiver/Extension - License No . 1011 Debra, Extension request below. From: Jones, Andrea [mailto:ajones@fmtn.org] Sent: Tuesday, July 31, 2018 10:23 AM To: Koroneos-Martinez, Charmaine, RLD <Charmaine.Martinez2@state.nm.us> Cc: Smylie, Dianne <dsmylie@fmtn.org> Subject: Request for Waiver/Extension - License No. 1011 Charmaine, I received the transfer of location of Dispenser Liquor License No. 1011 from Susan, Inc. on July 2, 2018. The public hearing before the City's Liquor License Hearing Officer is scheduled for August 10, 2018 and the next available date for the City Council to approve the Liquor License Hearing Officer's recommendation is August 21 , 2018. This will not meet the time requirements and I need to request an extension . - 1.21 -  ORDINANCE NUMBER 2018 - 1312 ADOPTING A MUNICIPAL GROSS RECEIPTS TAX BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FARMINGTON : Section 1 . Imposition of Tax . There is imposed on any person engaging in business in this municipality for the privilege of engaging in business in this municipality an excise tax equal to one - half of one percent ( . 50 %) of the gross receipts reported or required to be reported by the person pursuant to the New Mexico Gross Receipts and Compensating Tax Act as it now exists or as it may be amended . The tax imposed under this ordinance is pursuant to the Municipal Local Option Gross Receipts Taxes Act as it now exists or as it may be amended and shall be known as the "municipal gross receipts tax ." Section 2 . General Provisions . This ordinance hereby adopts by reference all definitions , exemptions and deductions contained in the Gross Receipts a nd Compensating Tax Act as it now exists or as it may be amended . Section 3 . Specific Exemptions . No municipal gross receipts tax shall be imposed on the gross receipts arising from : A. transporting persons or property for hire by railroad , motor vehicle , air transportation or any other means from one point within the municipality to another point outside the municipality ; B. a business located outside the boundaries of a municipality on land owned by that municipality for which a state gross receipts tax distribution is made pursuant to Subsection C of Section 7 - 1- 6 . 4 NMSA 1978 ; or C . direct broadcast satellite services . Section 4 . Dedication . Revenue from the municipal gross receipts tax will be used for the purpose(s) listed below : . 25 % General purposes . 125 % Public Safety purposes . 125 % Public Works purposes Section 5 . Effective Date . The effective date of the municipal gross receipts tax shall be either January 1 , or July l , whichever date occurs first after the expiration of three months from the date this ordinance is adopted , unless an election is held on the question of approving the ordinance , in which case the effective date shall be either January 1 or July 1 , whichever date occurs first after the expiration of three months from the date when the results of the election are certified to be in favor of the ordinance ' s adoption and the adopted ordinance is delivered or mailed to the Taxation and Revenue Department . ADOPTED BY THE GOVERNING BODY OF THE CITY OF FARMINGTON THIS 21•t DAY OF AUGUST , 2018 . SEAL Nate Duckett , Mayor ATTEST : Dianne Smylie , City Clerk - 2.0 -  ORDINANCE NO . 2018 - 1313 ADOPTING A MUNICIPAL HOLD HARMLESS GROSS RECEIPTS TAX BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FARMINGTON : Section 1 . Imposition of Tax . There is imposed on any person engaging in business in this municipality for the privilege of engaging in business in this municipality an excise tax equal to one-eighth of one percent ( . 125 %) of the gross receipts reported or required to be reported by the person pursuant to the New Mexico Gross Receipts and Compensating Tax Act as it now exists or as it may be amended . The tax imposed under this ordinance is pursuant to the Municipal Local Option Gross Receipts Taxes Act as it now exists or as it may be amended and shall be known as the "municipal hold harmless gross receipts tax ." Section 2 . General Provisions . This ordinance hereby adopts by reference all definitions , exemptions and deductions contained in the Gross Receipts and Compensating Tax Act as it now exists or as it may be amended . Section 3 . Specific Exemptions . No municipal hold harmless gross receipts tax shall be imposed on the gross receipts arising from : A . transporting persons or property for hire by railroad , motor vehicle , air transportation or any other means from one point within the municipality to another point outside the municipality ; B . a business located outside the boundaries of a municipality on land owned by that municipality for which a state gross receipts tax distribution is made pursuant to Subsection C of Section 7-1-6 . 4 NMSA 1978 ; or C . direct broadcast satellite services. Section 4 . Dedication. Revenue from the municipal hold harmless gross receipts tax will be used for the purpose(s) listed below : General Fund uses Section 5 . Effective Date . The effective date of the municipal hold harmless gross receipts tax shall be either January 1 , or July 1 , whichever date occurs first after the expiration of three months from the date this ordinance is adopted . ADOPTED BY THE GOVERNING BODY OF THE CITY OF FARMINGTON THIS 21" DAY OF AUGUST , 2018 . SEAL Nate Duckett, Mayor ATTEST : Dianne Smylie , City Clerk - 3.0 -