Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive March 15, 2018, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the January 25, 2018 P&Z Meeting 99 4 Approval of the Open Meetings Resolution 97 5 Petition No. ZC 18-01 – a request from Doug Kinsey for a zone change from 1 Multi-family Medium Density (MF-M) to Local Neighborhood Commercial (LNC) for 5.47 acres of property located on Wildflower Parkway approximately 576 feet east of Wildflower Mesa Drive. (Teri Clashin) 6 Petition No. FP 18-09 – a request from Stonetown 4 Investors, LLC, represented 16 by Cheney-Walters-Echols, for a Final Plat for Wildflower Heights No. 1, located south of Wildflower Parkway, east of Goldenrod Trail, and north of Melissa Street. (Cindy Lopez) 7 Petition No. SUP 18-12 – a request from 4s, DBA Traegers, represented by Scott 48 Weaver, for a Special User Permit to allow for a bar in the Local Neighborhood Commercial (LNC) district for property located at 5170 College Blvd. #106. (Helen Landaverde) 8 Business from: Floor: Chairman: Members: Staff: 9 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, March 27, 2018. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made.  ZC 18-01 Page |1 COMMUNITY DEVELOPMENT PETITION REPORT PETITION ZC 18-01 Zone Change from MF-M, Multi-family Medium Density to LNC, Local Neighborhood Commercial Wildflower Parkway, approximately 576 feet east of Wildflower Mesa Drive A. STAFF REPORT, March 8, 2018 PROJECT INFORMATION Applicants Douglas Kinsey Representative Douglas Kinsey Date of Application January 17, 2018 Zone Change from Multi-family Medium Density (MF-M) to Requested Action Local Neighborhood Commercial (LNC) Wildflower Parkway, approximately 576 feet east of Location Wildflower Mesa Drive (R2000551) Existing Land Use Vacant and undeveloped Existing Zoning Multi-family Medium Density (MF-M) Surrounding Zoning North: Unincorporated San Juan County/Commercial and Land Use South: MF-M, Multi-family Medium Density East: RE -20 SMHAO, Residential Estate with a Special Mobile Home Area Overlay. West: Unincorporated San Juan County/Vacant Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Wednesday, February 21, 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 Teri Clashin, Associate Planner Project Description: The petitioner is requesting a zone change from MF-M, Multi-family Medium Density to LNC, Local Neighborhood Commercial. The subject property (R2000551) is 5.47 acres and is located on Wildflower Parkway (a minor arterial road), approximately 576 feet east of Wildflower Mesa Drive. The subject property is within the City Limits. The property has frontage along Wildflower Parkway. The property is adjacent to MF-M, Multi-family Medium Density to the south; RE-20/ SMHAO, Residential Estate with a Special Mobile Home Area Overlay to the east; and unincorporated San Juan County is to the north and west. 1  ZC 18-01 Page |2 The petitioner is requesting a zone change from MF-M, Multi-family Medium Density to LNC, Local Neighborhood Commercial. The subject property is located on Wildflower Parkway, approximately 576 feet east of Wildflower Mesa Drive. The subject property is surrounded by mostly vacant property with residential to the east. The closest commercial zoning is located west of Wildflower Mesa Drive. The residents of this area travel a minimum of 2.5 miles to the nearest supermarket (Safeway 3540 E. Main St.), or 1.8 miles to the closest big box store (Kmart at 3000 E Main St.) and 0.6 miles to a convenience store (7-2-11 at 201 Browning Parkway). This area could be considered a “food desert”, since residents must travel over a mile to get to a supermarket in an urban area. The owner would like to change the zone to build a small retail store on half of the parcel. Unified Development Code (UDC) Sec. 3.12 Local Neighborhood Commercial (LNC) District: 3.16.1 Purpose: the local neighborhood commercial (LNC) district is intended to accommodate neighborhood-oriented, low-intensity retail sales and services used in commercial clusters and/or nodes along thoroughfares and at intersections that are readily accessible from surrounding residential areas. LNC district uses attract customers from a limited area and are typically located along collector or arterial streets. The LNC district includes specific standards designed to ensure the compatibility with the residential-scale and style of the neighborhoods they serve. Farmington Comprehensive Plan The Comprehensive Plan’s 2020 Future Land Use Map recommends the subject area as “Residential Single Family Suburban Area”. The request for the zone change does not comply with the recommendations in the Future Land Use map. However, the Comprehensive Plan does support the need for commercial development. Chapter 4, Land Use and Development states “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”, where Objective 4.1 “Assure the provision of a variety of different land use types in suitable locations, densities, and patterns while avoiding mixing of incompatible uses in close proximity to each other”; additionally, Objective 4.2 “Promote infill development of existing infrastructure”; and furthermore, Objective 4.5 “Support the development of vibrant and viable commercial areas with a variety of uses.” STAFF ANALYSIS The UDC states that the City shall consider whether the proposed zoning and land use are compatible with the conforming zoning and land uses of nearby properties and with the character of the neighborhood. Section 8.7.4 of the UDC outlines Issues for consideration in determining a proposed zone change as follows: A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? 2  ZC 18-01 Page |3 The proposed zone change for the subject property is consistent with the Comprehensive Plan’s Chapter 4 Land Use Development, Chapter 8 Economic Development and the City’s Municipal Code Chapter 22 Economic Development Plan. The Comprehensive Plan’s Chapter 4 supports Land Use Development where businesses should be clustered throughout the City and should be accessible from residential areas and where commercial uses should be concentrated in nodes along major thoroughfares and intersections. Objective 4.5 “Support the development of vibrant and viable commercial areas with a variety of uses” does suggest the need for more commercial areas within the City limits. In addition, the Comprehensive Plan’s Chapter 8 Economic Development (Objective 8.5) “Support retention and expansion of existing business” and Article 2 of Chapter 22 of the City Municipal Code Economic Development Plan (Section 22.2.1 (b)(3)) support the creation of local businesses, retention and expansion. The zone change request is LNC, Local Neighborhood Commercial. The proposed zoning is consistent with sections of the Comprehensive Plan and promotes and facilitates both land use development and economic growth. A retail use in this location could serve the needs of nearby residents. B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? The properties to the north and west are located in unincorporated San Juan County. The vacant property to the south is zoned MF-M, Multi-family Medium Residential. The properties to the east are zoned RE -20/ SMHAO, Residential Estate with a Special Mobile Home Area Overlay. According to the San Juan County Growth Management Plan Update, the parcels to the north are designated as a Multiple Use (MU) District, where a “Multiple Use District should permit virtually all land uses, including the broad range of residential, commercial, industrial and other uses currently found across the County.” However, it is noted that the County does not have zoning. To the north, approximately 100 feet away from the subject property is a construction business (Harpole Construction, Inc.) and to the northeast are residential lots. The proposed zoning for the subject property is compatible with the land uses and character of the area. The LNC District uses attract customers from a limited area and are typically located along collector or arterial streets, such as Wildflower Parkway (a minor arterial) and Wildflower Mesa Drive (a collector). The LNC district includes specific standards designed to ensure the compatibility with the residential-scale and style of the neighborhoods they serve. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? 3  ZC 18-01 Page |4 The proposed zone change would not have an adverse impact on the surrounding area. The petitioner requests a zone change to allow for a small retail business. The proposed small business is located along Wildflower Parkway, which is designated as a minor arterial. Minor arterial are sufficient to handle commercial traffic. The proposed small retail business will be required to meet all the setback requirements in the UDC. D. Is the proposed density and intensity of use permitted in the proposed zoning district? The petitioner is proposing a zone change in order to allow for a small retail business on the subject property. There are no small retail businesses located along Wildflower Parkway. The local residents of the area must travel a minimum of 2.5 miles to the nearest supermarket (Safeway 3540 E. Main St.), or 1.8 miles to the closest big box store (Kmart at 3000 E Main St.) and 0.6 miles to a convenience store (7-2-11 at 201 Browning Parkway). In this area, there is a need for small retail businesses that could provide goods and services for the day-to-day needs of the nearby residents. A retail sales and service, sales oriented business is permitted in the LNC District. The LNC, Local Neighborhood Commercial District requires a minimum of 10,890 square feet of area for a non-residential use. The subject property is 5.47 acres (238,273.2 ft²). The petitioner has stated that he will use approximately half of the parcel for a small retail store. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The subject property is 5.47 acres and fronts Wildflower Parkway. The properties to the north and west are located in San Juan County. The properties to the east and south are vacant and zoned for residential uses. A retail sales and service, sales oriented business is an allowed used in the LNC District. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? The subject property is vacant and undeveloped. The petitioner would be responsible to provide all the necessary infrastructure for the property. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? 4  ZC 18-01 Page |5 Article 11 defines “spot zoning” as “Where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of the Comprehensive Plan.” The proposed zone change for the subject property is consistent with the Comprehensive Plan’s Chapter 4 Land Use Development, Chapter 8 Economic Development and the City’s Municipal Code Chapter 22 Economic Development Plan. The requested zone change to LNC is compatible with the character of the area and should not be detrimental to the surrounding neighborhood, as it should fill the retail needs of the area. The subject property is adjacent to areas that are zoned for residential uses to the south and east. Adjacent is San Juan County, to the north is a construction business (commercial use) and to the west is vacant land. The LNC Districts are intended to accommodate neighborhood-oriented, low- intensity retail sales along thoroughfares and at intersection that are readily accessible from surrounding residential areas. The proposed zone change would not be a spot zone. STAFF COMMENTS Public Works: Tony Sitta  I have no comments in regard to the zone change from MF-M to LNC.  FYI, all commercial development must comply with UDC Section 5.7.3 Supplemental Drainage Requirements as part of the building permitting process.  A ROW dedication will be needed to Wildflower Parkway per the ROW Easement recorded October 13, 2009 (B1500 P754) when the lot undergoes platting. STAFF CONCLUSION Staff concludes that the proposal does not constitute a spot zone and would not adversely impact the area. The proposed use for this property is consistent with sections of the Comprehensive Plan and the City’s Municipal Code Chapter 22 Economic Development Plan. Approval of ZC 18-01 is appropriate. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition ZC 18-01, a request from Douglas Kinsey, for a zone change from Multi-family Medium Density to Local Neighborhood Commercial for property (R2000551) located on Wildflower Parkway, approximately 576 feet east of Wildflower Mesa Drive, with the condition that the property will be subdivided and right-of-way for Wildflower Parkway will be dedicated with the subdivision plat prior to any building permits being issues. 5  ZC 18-01 Page |6 6  ZC 18-01 Page |7 7  ZC 18-01 Page |8 8  ZC 18-01 Page |9 9  ZC 18-01 P a g e | 10 10  ZC 18-01 P a g e | 11 11  ZC 18-01 P a g e | 12 12  ZC 18-01 P a g e | 13 13  ZC 18-01 P a g e | 14 14  ZC 18-01 P a g e | 15 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47  COMMUNITY DEVELOPMENT PETITION REPORT 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 Applicant Mr. 4s DBA Traegers Representative Scott Weaver Date of February 14, 2018 Application Requested Action Approval of a special use permit to allow a bar in the LNC, 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 Commercial/Vacant Zoning & Land South: SF-10 Single-family residential/Vacant 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 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 48 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, ImageNet, 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, 60-6B-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 22, 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 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 49 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 UDC 5.2.3 Minimum off-street First Floor (including Second Floor parking requirements patio area) 1.0 per 3 seat, 2 spaces minimum 80 seats/ 3 = 27 32 seats/ 3 = 11 Total off-street parking required 37 The applicant is currently leasing the liquor license from owner Susan, Inc. for Copper Penny/Top 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, Tuesday – Thursday 3:00 p.m. – 11:30 p.m. events, mixers, etc. by appointment. Friday – Saturday 3:00 p.m. – 12:00 a.m. 50  Sunday 11:00 a.m. – 9:00 p.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.” “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 economic 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. 51 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 2.44.55B). 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 & 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 minimize 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 52  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 concerning noise, glare fumes, dust, smoke, or vibration. The petitioner is required to mitigate any adverse impacts to the area. D. 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, 53  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 attachment). 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. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 18-12, a request from Mr. 4s DBA 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 the Planning and Zoning Commission. 54 55 Pictometry Distance from schools, churches, and residences 56 57 58  PLANNING MEMO COMMENTS SUMMARY SUP 18-12 5170 COLLEGE BLVD, #106 Deadline: 2/23/18 City of Farmington Departments CD Director – M. Holton No comment CD Addressing – Planning Division 1)-The proposed floor plan has a CD occupancy load over 50 and makes this an A-2 occupancy. Currently this building does not have plans to have a Automatic Sprinkler System. Section 903.2.1.2 of the 2015 IBC requires any A-2 occupancy on the 2nd floor to have a sprinkler system. Without dimensioned plans the occupant Chief Building Official – D. Childers load cannot be determined but, it appears the occupant load will be over 100 and section 903.2.1.2 would again require a sprinkler system. 2)- If the occupant load of the second floor is 50 or over a second means of egress from that floor will need to be provided. (Stairs) CD Long Range Planner CD MPO – D. Garcia CD Oil & Gas Inspector – L. Simms CITY City Manager’s Office – J. Baird No comment Customer Care Manager – L. ELEC Richardson ELEC Electrical Engineering – L Aligarbes ELEC T & D – R. Romero Will need the following: FIRE 1. Detailed floor plan to determine occupant load – any occupant load of 100 or more will require a fire suppression system. Fire Captain – D. Doudy 2. Any occupant load of 50 or more will require: A. Two exits B. Separation from other occupancies 59  FIRE Fire Marshall – B. Vega LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – E. Wayne No comment POLICE Code Compliance – M. Romero POLICE Sergeant – P. Flores PRCA C. Styron No comment PW City Engineer – N. Westerling PW Engineering – T. Sitta No comment PW Streets Superintendent PW Traffic Engineer – C. Trask PW Water/Waste Water – M. Tso No comment Other Entities New Mexico Gas Company – L. Moore CenturyLink – D. Willato No comment Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI – R. Rosen Field Services Farmington School District – C. Lyons 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Previous Liquor License 75 76 Current Liquor License Leased by the Applicant 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96  RESOLUTION A RESOLUTION SETTING AND ESTABLISHING A REGULAR MEETING DAY, TIME AND PLACE FOR THE PLANNING AND ZONING COMMISSION PURSUANT TO CITY COUNCIL RESOLUTION NO. 2013-1466 AS RATIFIED WHEREAS, pursuant to the provisions of Resolution No. 2013-1466 as ratified, each board, commission, committee or other policy making body of the City of Farmington which holds regular meetings shall annually, subject to the ratification and approval of the City Council of the City of Farmington, establish a regular meeting day, time and place; and WHEREAS, the Planning and Zoning Commission of the city of Farmington has determined and does recommend to the City Council that the regular meeting day, time and place of the Planning and Zoning Commission of the City of Farmington and the location where a copy of the agenda of such meetings may be obtained shall be as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF FARMINGTON: That the regular meeting day, time and place of the Planning and Zoning Commission of the City of Farmington shall be held on each Thursday following each second and fourth Tuesday of each month at 3:00 p.m., in the Council Chambers, Municipal Building, 800 Municipal Drive, Farmington, New Mexico and that the location where a copy of the agenda of the regular meeting may be inspected seventy-two (72) hours in advance of such meeting shall be at the Community Development Department, 805 Municipal Drive, Municipal Annex, Farmington, New Mexico. PASSED, SIGNED, APPROVED and ADOPTED this ______ day of _______, 2018. By: Chairperson, Planning and Zoning Commission 97 98