Planning Commission

PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, MAY 18, 2015 STUDY SESSION: 4:30 P.M. - CITY COUNCIL CHAMBERS MEETING: 5:00 P.M. - CITY COUNCIL CHAMBERS 1. Call to Order. 2. Roll Call. 3. Public comment period. The general public is invited to address the Planning Commission regarding any item on this agenda. The overall and individual speaking time allotments may be limited by the Chair. 4. Dispense with the reading and approve the minutes of the April 20, 2015, Regular Meeting as prepared. 5. Consider a recommendation for Annexation of approximately 23 acres located in the Northwest Quarter of Section 19, Township 17 North, Range 9 East, 6th Prime Meridian, Dodge County, Nebraska. 6. Consider a request of Robert E. Knoell, the owner of approximately 3.7 acres located at 3061 West County Road S, for approval of a Zoning Change from AG Agricultural to RR Rural Residential. 7. Consider a request of Robert E. Knoell, the owner of approximately 29.1 acres located at 3061 West County Road S, for approval of a Final Plat of to be known as Knoell’s Estate, Dodge County, Nebraska. 8. Consider a request of Shanna Washburn, the agent for the owner of approximately 5,400 square feet located at 405 West 19th Street, for approval of a Conditional Use Permit for Day Care Services (General). 9. Consider a request of Mellony Tenopir, the agent for the owner of approximately 5,800 square feet located at 1607 North Madison Street, for approval of a Conditional Use Permit for Day Care Services (General) 10. Review and consider amendments to Article 1 of the draft Unified Development Ordinance. 11. Review and consider amendments to Article 2 of the draft Unified Development Ordinance.  12. Adjournment. THIS MEETING WAS PRECEDED BY PUBLICIZED NOTICE IN THE FREMONT TRIBUNE, THE AGENDA DISPLAYED IN THE LOBBY OF THE MUNICIPAL BUILDING AND POSTED ONLINE AT WWW.FREMONTNE.GOV IN ACCORDANCE WITH THE NEBRASKA OPEN MEETINGS ACT, A COPY OF WHICH IS POSTED CONTINUALLY IN THE COUNCIL CHAMBERS FOR PUBLIC INSPECTION, AND SAID MEETING IS OPEN TO THE PUBLIC. A COPY OF THE AGENDA WAS ALSO KEPT CONTINUALLY CURRENT AND AVAILABLE TO THE PUBLIC IN THE PRINCIPLE OFFICE OF THE DEPARTMENT OF PLANNING, 400 EAST MILITARY AVENUE. THE PLANNING COMMISSION RESERVES THE RIGHT TO ADJUST THE ORDER OF ITEMS ON THIS AGENDA.  STAFF REPORT TO: Planning Commission of the City of Fremont FROM: Justin Zetterman, PE, City Engineer DATE: May 4, 2015 SUBJECT: Annexation of Ground North of Power Plant and Department of Utilities Warehouse. Recommendation: Move to recommend approval of the annexation Background: On June 24, 2014, the City Council of the City of Fremont, NE passed an annexation ordinance, Ordinance 5309, intended to annex the property directly east of the Luther Road and north of the power plant. This ground encompasses the area in which the new 1st Street Extension project will be constructed. When this ordinance was drafted, the legal description used mistakenly reversed east and west and legal description ended up describing property to the west of Luther Road that was already within the City limits. The drawing that was attached to the annexation showed the correct location. The new proposed ordinance will correct the language of the original annexation and annex a portion of ground 380’ wide by roughly 2600’ long located in the NW ¼ of Section 19, Township 17 North and Range 9 East of the 6th P.M., Dodge County, Nebraska. The previous ordinance will be repealed. Dodge County, NE Date Created: 5/7/2015 652 ft Parcel ID 270139083 Alternate ID 2389-19-2-00000-000-0000 Owner Address CITY OF FREMONT Sec/Twp/Rng 19-17-9 Class RP - Real Property 400 E MILITARY AVE FREMONT, NE 68025 Property Address Acreage 23.030 District 554 - ELKHORN 1-8-P Brief Tax Description S380'NW1/4 23.03A 19 17 9 (Note: Not to be used on legal documents) Last Data Upload: 5/3/2015 5:37:24 PM  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: May 18, 2015 SUBJECT: Zoning Change – 3061 W Co. Rd. S Background: The applicant and owner of approximately 3.7 acres located at 3061 West County Road S, Robert Knoell, is requesting approval of a zoning change from AG Agricultural to RR Rural Residential. The reason for the request is for subdivision and conveyance purposes. The subject property is located at the southwest corner of the intersection of County Road S and County Road 20th Avenue. All of the surrounding properties are zoned AG Agricultural and are currently used for crop production with the property located immediately west also being used as a residence. The subject property includes a 2,000 SF residence, a 2,100 SF utility building and similar agricultural related improvements. The subject property is not currently identified within the extent of the Future Land Use Plan but area to the north and west of Highway 30 is generally listed as Rural. Rural Residential would therefore be consistent with the City’s Comprehensive Plan for future Land Use and Character. Fiscal Impact: N/A  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: May 18, 2015 SUBJECT: Final Plat – 3061 W Co. Rd. S Background: The applicant and owner of approximately 29.1 acres located at 3061 West County Road S, Robert Knoell, is requesting approval of a Final Plat to known as Knoell’s Estate. The reason for the request is to subdivide for conveyance purposes. Should the Commission and Council approve a zoning change for 3.7 acres located in the northeast corner of the tract, the property will consist of both AG Agricultural and RR Rural Residential zoning districts. The 29.1 acres will be subdivided into two (2) lots each of which meets or exceeds the minimum area [twenty (20) acres and three (3) acres, respectively] and width [two hundred (200) feet] requirements for their respective zoning districts. Each lot fronts along a public right-of-way [County Road 20th Avenue and County Road S, respectively], and is served by all necessary utilities. As part of this plat, the owner will also be dedicating thirty-three (33) feet of right-of-way – as measured from the center of the road – along both County Road 20th Avenue and County Road S. The proposed plat appears to meet all state and local requirements for subdivisions. Fiscal Impact: N/A Dodge County, NE Date Created: 5/14/2015 652 ft Parcel ID 270137344 Alternate ID 2391-04-2-00000-000-0001 Owner Address KNOELL, ROBERT L, ETAL Sec/Twp/Rng 4-17-8 Class Ag - Agricultural % ROBERT E & BEVERLY KNOELL 3061 W CO RD S Property Address 3061 W CO RD S Acreage 28.690 FREMONT, NE 68025 District 236 - PLATTE 1-8-P Brief Tax Description TL 8 28.69A 4 17 8 (Note: Not to be used on legal documents) Last Data Upload: 5/3/2015 5:37:24 PM  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: May 18, 2015 SUBJECT: Conditional Use Permit – 405 W 19th St. Background: The applicant and agent of the owner of approximately 5,400 SF located at 405 West 19th Street, Shanna Washburn, is requesting approval of a Conditional Use Permit for Day Care Services (General). The reason for the request is to gain the necessary approvals to operate a day care facility. The subject property is located at the southwest corner of West 19th Street and North I Street. All surrounding properties are one-family dwellings; with properties to the North, South and West being zoned R-1 Single-Family Residential and property to the East being zoned R-2 Moderate Density Residential. The subject property includes an eight hundred sixty-four (864) SF residence and a two hundred (200) SF garage. The applicant would like to provide child care to her two (2) children, her co-worker’s two (2) children and eight (8) more children for a total of twelve (12) children. According to the Nebraska Department of Health & Human Services (NEDHHS), inspections of the home are required by both the Nebraska Fire Marshall’s Office, or local fire authority, and child care licensing inspection prior to licensure and “Nebraska law also requires the Department to make at least one unannounced inspection to all Family Child Care Home II programs each year.” Included in Staff’s Report is a Licensing Process “Overview” form provided by the NEDHHS for Provisional Family Child Care Home II licensees. According to subsection 1203.e., Fremont Zoning Ordinance (FZO), “The Planning Commission and City Council shall review and act upon the application based on the criteria established in Table 12-1 and conformance with applicable regulations in these Zoning Regulations.” Table 12-1 has been included in Staff’s Report for your convenience. Subsection 1203.f., FZO, continues to read, “1. The City Council may, at its discretion, apply a Conditional Use Permit to a specific owner or applicant. The City Council may establish special site development or operational regulations as a condition for approval of a Conditional Use Permit. 2. The City Council shall not grant a Special Use Permit for any home occupation/home- based business which is otherwise prohibited under Section 611 of these Regulations.” While Section 611, FZO, does not pertain to the subject property, subsection 604.b., FZO, does provide supplemental use regulations for day care facilities, as follows: 1. Limited Day Care uses are permitted on residential lots and may be operated by the occupant of a dwelling unit on the site. 2. Day care facilities are permitted by Conditional Use Permit in the GI General Industrial Zoning District only if incidental to a permitted primary use. 3. Day care centers accommodating more than four children or adults shall: (a) Not be located along a major arterial street as designated in the city’s Comprehensive Development Plan. [the subject property is not located along a major arterial street] (b) Provide at least 100 square feet of open space per child, entirely enclosed by a building, fence, or wall with a height of at least six feet. (c) Conform to all requirements and licensures of the State of Nebraska. [emphasis and commentary added] Fiscal Impact: N/A Dodge County, NE Date Created: 5/15/2015 99 ft Parcel ID 270057827 Alternate ID 2391-14-2-92010-003-0000 Owner Address HILLIS, ROBERT M Sec/Twp/Rng 14-17-8 Class Res - Residential 430 W 19 ST FREMONT, NE 68025 Property Address 405 W 19TH Acreage n/a FREMONT District 1 - FREMONT CITY Brief Tax Description WALNUT GROVE N1/2E77.75' LOTS 1 & 2 BLK 3 (Note: Not to be used on legal documents) Last Data Upload: 5/3/2015 5:37:24 PM  PROVISIONAL FAMILY CHILD CARE HOME II LICENSING PROCESS “OVERVIEW” To start the licensing process, the following items need to be completed. Refer to “Instructions for Applying for a Provisional Family Child Care Home II License” for specific instructions for each document. 1. Family Child Care Home II Application 2. Full Disclosure of Ownership Statement 3. Consent and Authorization for Release of Information forms for all persons13 years and older, listed on the application 4. Felony/Misdemeanor Statement – submit on all Primary providers, Secondary providers, Substitutes, Volunteers and Household members who are 19 years of age and older. 5. Lawful Presence in the United States Attestation for Individuals / Co-owners 6. $25.00 License Fee: Check made payable to Nebraska Department of Health and Human Services-Not Cash, No Refunds. 7. Family Child Care Home Orientation Certificate – Submit Primary(s) copy only. Submit the seven items listed above to the following address If any of the forms are incomplete, the packet will be returned to you. Douglas or Sarpy County OR All Other Nebraska Counties Department of Health and Human Services Department of Health and Human Services Division of Public Health Division of Public Health Children’s Services Licensing Children’s Services Licensing 1801 N. 73rd Street PO Box 94986 Omaha, NE 68114 Lincoln, NE 68509 (402) 595-3348 (402) 471-9562; 1-800-600-1289 Items 8-11 listed below must be submitted together to continue the licensing process or can be submitted with items above. 8. Health Information Report for primary and secondary providers 9. Copy of current First Aid Training Certificate /Cards 10. Copy of current CPR Certificate / Cards 11. Secondary Provider – 3 non relative references Send to the appropriate address listed above  INSTRUCTIONS FOR APPLYING FOR A PROVISIONAL FAMILY CHILD CARE II LICENSE Thank you for your interest in becoming a licensed Family Child Care Home II. On this website, you will find all necessary forms needed to proceed with the licensing application process. It is vital that you carefully read the instructions, forms and Compliance Guide! INCOMPLETE forms will be returned and result in a delay in the licensing process. Providing Child Care is an important job and this process will take time, please keep this in mind. PLEASE DO NOT SET AN OPENING DATE UNTIL YOUR LICENSE HAS BEEN ISSUED. 1. Family Child Care Home II Application: Fill out the entire application completely. If your Family Child Care Home II is located in your residence, please list all household members and all providers’ children. If your Family Child Care Home II is not located in your residence you will need to list any and all persons residing in or regularly present on the premises. Substitutes and volunteers need to be listed regardless where the Family Child Care Home II is located. Remember to check the “provisional” box at the top of the application, and sign/date the bottom of the application. 2. Full Disclosure of Ownership Statement (FDOS): Instructions are on the form. Complete and submit one of the following forms; a) Non Profit or b) For Profit. 3. Consent and Authorization for Release of Information forms: Every person you list on the application who is 13 years of age and older, must complete a release of information form. Copies must be included with your application in order for Children’s Services Licensing to conduct background checks. You will be notified if any of these persons fail to clear the background check process. PLEASE NOTE: Any person between the ages of 13 to 18 must sign and date this form and must also have their parent or guardian sign and date this form. 4. Felony Misdemeanor Statement: Follow the instructions on the form. If the Family Child Care Home II is in your residence or not, all persons listed on the application who are age 19 years or older will need to complete the form. Please ensure the forms are completed accurately, and signed/dated. 5. Lawful Presence in the United States: If you are an individual owner and / or a co-owner with another individual you must complete the form. Please read the instructions on the form and submit with your application if appropriate. Applications from individuals cannot be processed without this form being completed and signed. 6. License Fee: You will need to submit a check or money order (not cash) payable to Nebraska Department of Health and Human Services. The license fee is $25.00. Your cancelled check will be your receipt, and there are no refunds. 7. Family Child Care Home Orientation Certificate: In your packet you will find a schedule of Orientation training. This is a one hour training designated to help you comply with the Family Child Care Home II regulations. Many of your questions will be answered at this time. Submit Primary provider(s) copy of Certificate; retain the original for your files. CITY OF OMAHA APPLICANTS ONLY: If your Family Child Care Home II will be in the City of Omaha, you will need to contact the City Planning Help Desk at (402) 444-3426. There are additional requirements within the Omaha City Limits. CITY OF LINCOLN APPLICANTS ONLY: If your Family Child Care Home II will be in the City of Lincoln, you will need to contact the City Building and Safety Office at (402) 441-6435. Lincoln has additional local ordinances, fire safety, parking, and zoning requirements which may prohibit you from operating a Family Child Care Home II. LOCAL DELEGATED FIRE AUTHORITIES: Several Nebraska communities have local delegated fire authorities who will conduct the fire inspections. These communities may have additional local ordinances, fire safety, parking, and zoning requirements. If you reside in the following communities, you can contact the delegated authority directly with questions specific to you community. City of Grand Island - Fire Inspector: Curt Rohling, 308-385-5444 Extension 220 City of Norfolk- Fire Inspector: Trent Howard, 402-844-2060 City of North Platte - Fire Inspector: George Lewis, 308-535-6768 City of Scottsbluff - Fire Inspector: Ezekiel Bowen, 308-630-6227 City of Bellevue – Fire Marshal: Mike Stucker, 402-293-3153 Submit the seven items listed above to the following address. Douglas or Sarpy County OR All Other Nebraska Counties Department of Health and Human Services Department of Health and Human Services Division of Public Health Division of Public Health Children’s Services Licensing Children’s Services Licensing 1801 N. 73rd Street PO Box 94986 Omaha, NE 68114 Lincoln, NE 68509 Once the above completed items are received, the Child Care Licensing Staff will make a referral to the State of Nebraska, Fire Marshal’s Office, or Local Fire Authority. Please keep in mind that wired in smoke detectors are required. Wired in smoke detectors need to be on every level of the home/premise, regardless if children are allowed on that level. They also must be in every room in which children will be sleeping. FIRE SAFETY INSPECTIONS: A Fire Safety Inspection and Approval is a requirement for licensure. You must have a Fire Safety Inspection Approval before child care licensing will inspect your program. If you do not hear from the fire inspector within 30 days, you may wish to contact him/her to schedule an appointment. If you do not live in a city under a local delegated fire authority (listed above) see handout titled “Nebraska State Fire Marshal District Map” for the designated fire marshal for your area. Items 8-11 listed below must be submitted together to continue the licensing process or can be submitted with the items above. 8. Health Information Report: The Primary Provider completes Part A of the Health Information Report. A Medical Practitioner completes Part B. Health Information Reports shall be completed every two years after licensure. 9. Copy of Current First Aid Training Certificate/Card: Send a copy of the signed card, both front and backsides. Do not send the original card. 10. Copy of Current CPR Certificate/Card: Send a copy of the signed card, both front and back sides. Do not send the original card. 11. If a Secondary Provider is listed: Submit the following on the Secondary Provider: a) Felony/Misdemeanor Statement b) 3 Non relative references (actual information obtained from the references) c) A Health Information Report (current within 30 days of hire) needs to kept on file at the facility. If any of the forms are incomplete, the packet will be returned to you. Once all completed forms are received, and our office has received Fire Approval from the State Fire Marshal’s office or Designated Fire Authority, a Child Care Inspection Specialist will be assigned for an on-site inspection. Your Child Care Inspection Specialist will contact you to set up an appointment. If you have any questions regarding this process, contact Douglas or Sarpy County OR All Other Nebraska Counties Department of Health and Human Services Department of Health and Human Services Division of Public Health Division of Public Health Children’s Services Licensing Children’s Services Licensing Attn: Gina Ewing Attn: Cindy Strufing 1801 N. 73rd Street PO Box 94986 Omaha, NE 68114 Lincoln, NE 68509 (402) 595-3348 (402) 471-9562; 1-800-600-1289  ADMINISTRATION AND PROCEDURES Table 12-1: Criteria For Site Plan Review And Conditional Use Permits CRITERIA APPLIES TO Land Use Site Plan Conditional Compatibility Review Use Permit Development Density Site area per unit or floor area ratio should be similar X to surrounding uses if not separated by major natural or artificial features. Height and Scale Height and Bulk Development should minimize differences in height X X and building size from surrounding structures. Differences should be justified by urban design considerations. Setbacks Development should respect pre-existing setbacks in X X surrounding area. Variations should be justified by site or operating characteristics. Building Coverage Building coverage should be similar to that of X X surrounding development of possible. higher coverage should be mitigated by landscaping or site amenities. Site Development Frontage Project frontage along a street should be similar to lot X X width. Parking and Internal Parking should serve all structures with minimal X X Circulation conflicts between pedestrians and vehicles. All structures must be accessible to public safety X X vehicles. X X Development must have access to adjacent public streets and ways. Internal circulation should minimize conflicts and congestion at public access points. Landscaping Landscaping should be integral to the development, X X providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Parts of site with sensitive environmental features or natural drainageways should be preserved. Building Design Architectural design and building materials should be X compatible with surrounding areas or highly visible locations Operating Characteristics Traffic Capacity Project should not obstruct traffic on adjacent streets. X X Compensating improvements will be required to mitigate impact on street system operations. External Traffic Effects Project design should direct non-residential traffic X X away from residential areas. Operating Hours Projects with long operating hours must minimize X X effects on surrounding residential areas. 12-5 REVISED 7-31-12  ADMINISTRATION AND PROCEDURES Table 12-1: Criteria For Site Plan Review And Special Use Permits CRITERIA APPLIES TO Operating Site Plan Conditional Characteristics Review Use Permit Outside Storage Outside storage areas must be screened from X X surrounding streets and less intensive land uses. Public Facilities Sanitary Waste Developments within 500 feet of a public sanitary X X Disposal sewer must connect to sewer system. Individual disposal systems, if permitted, shall not adversely affect public health, safety, or welfare. Sanitary sewer must have adequate capacity to serve X X development. Storm Water Development should handle storm water adequately X X Management to prevent overloading of public storm water management system. Development should not inhibit development of other X X properties. Development should not increase probability of X X erosion, flooding, landslides, or other run-off related effects. Utilities Project must be served by utilities. X X Rural estate subdivisions should be located in X X designated areas which can accommodate utility and infrastructure installation consistent with the need to protect the environment and public health. Comprehensive Plan Projects should be consistent with the City of X Fremont’s Comprehensive Development Plan. 12-6 REVISED 7-31-12  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: May 18, 2015 SUBJECT: Conditional Use Permit – 1607 N Madison St. Background: The applicant and agent of the owner of approximately 5,800 SF located at 1607 North Madison Street, Mellony Tenopir, is requesting approval of a Conditional Use Permit for Day Care Services (General). The reason for the request is to gain the necessary approvals to operate a day care facility. The subject property is located along the west side of North Madison Street between West 15 th Street and West 17th Street. Properties to the north, east and south are one-family dwellings zoned R-1 Single-Family Residential. Property immediately west is owned by the Eastern Nebraska Chapter of the National Railway Historical Society commonly known as the Chicago and Northwestern Railroad line. The subject property includes a seven hundred forty-four (744) SF residence and a five hundred seventy-six (576) SF garage. The applicant would like to move her existing child care business from Cedar Bluffs to “a bigger community where there are a larger number of non-school age children in need of daycare.” The applicant has historically provided care for six (6) to eight (8) children full-time and two (2) children before and after school. The applicant would like to obtain a Family Child Care Home II license, as required by the State, because the home will not be her primary residence. The Family Child Care Home II license would allow for a maximum of twelve (12) children. According to the Nebraska Department of Health & Human Services (NEDHHS), inspections of the home are required by both the Nebraska Fire Marshall’s Office, or local fire authority, and child care licensing inspection prior to licensure and “Nebraska law also requires the Department to make at least one unannounced inspection to all Family Child Care Home II programs each year.” Included in Staff’s Report is a Licensing Process “Overview” form provided by the NEDHHS for Provisional Family Child Care Home II licensees. According to subsection 1203.e., Fremont Zoning Ordinance (FZO), “The Planning Commission and City Council shall review and act upon the application based on the criteria established in Table 12-1 and conformance with applicable regulations in these Zoning Regulations.” Table 12-1 has been included in Staff’s Report for your convenience. Subsection 1203.f., FZO, continues to read, “1. The City Council may, at its discretion, apply a Conditional Use Permit to a specific owner or applicant. The City Council may establish special site development or operational regulations as a condition for approval of a Conditional Use Permit. 2. The City Council shall not grant a Special Use Permit for any home occupation/home- based business which is otherwise prohibited under Section 611 of these Regulations.” While Section 611, FZO, does not pertain to the subject property, subsection 604.b., FZO, does provide supplemental use regulations for day care facilities, as follows: 1. Limited Day Care uses are permitted on residential lots and may be operated by the occupant of a dwelling unit on the site. 2. Day care facilities are permitted by Conditional Use Permit in the GI General Industrial Zoning District only if incidental to a permitted primary use. 3. Day care centers accommodating more than four children or adults shall: (a) Not be located along a major arterial street as designated in the city’s Comprehensive Development Plan. [the subject property is not located along a major arterial street] (b) Provide at least 100 square feet of open space per child, entirely enclosed by a building, fence, or wall with a height of at least six feet. [the applicant intends on construction a privacy fence in the rear yard enclosing approximately 1,620 SF] (c) Conform to all requirements and licensures of the State of Nebraska. [emphasis and commentary added] Fiscal Impact: N/A Dodge County, NE Date Created: 5/15/2015 99 ft Parcel ID 270042140 Alternate ID 2391-15-1-91730-003-0000 Owner Address MAHNKE, ERIC W & CORY L Sec/Twp/Rng 15-17-8 Class Res - Residential 217 CO RD 16 BLVD SCRIBNER, NE 68057 Property Address 1607 N MADISON Acreage n/a FREMONT District 1 - FREMONT CITY Brief Tax Description MIDWEST LOT 7 BLK 3 (Note: Not to be used on legal documents) Last Data Upload: 5/3/2015 5:37:24 PM  PROVISIONAL FAMILY CHILD CARE HOME II LICENSING PROCESS “OVERVIEW” To start the licensing process, the following items need to be completed. Refer to “Instructions for Applying for a Provisional Family Child Care Home II License” for specific instructions for each document. 1. Family Child Care Home II Application 2. Full Disclosure of Ownership Statement 3. Consent and Authorization for Release of Information forms for all persons13 years and older, listed on the application 4. Felony/Misdemeanor Statement – submit on all Primary providers, Secondary providers, Substitutes, Volunteers and Household members who are 19 years of age and older. 5. Lawful Presence in the United States Attestation for Individuals / Co-owners 6. $25.00 License Fee: Check made payable to Nebraska Department of Health and Human Services-Not Cash, No Refunds. 7. Family Child Care Home Orientation Certificate – Submit Primary(s) copy only. Submit the seven items listed above to the following address If any of the forms are incomplete, the packet will be returned to you. Douglas or Sarpy County OR All Other Nebraska Counties Department of Health and Human Services Department of Health and Human Services Division of Public Health Division of Public Health Children’s Services Licensing Children’s Services Licensing 1801 N. 73rd Street PO Box 94986 Omaha, NE 68114 Lincoln, NE 68509 (402) 595-3348 (402) 471-9562; 1-800-600-1289 Items 8-11 listed below must be submitted together to continue the licensing process or can be submitted with items above. 8. Health Information Report for primary and secondary providers 9. Copy of current First Aid Training Certificate /Cards 10. Copy of current CPR Certificate / Cards 11. Secondary Provider – 3 non relative references Send to the appropriate address listed above  INSTRUCTIONS FOR APPLYING FOR A PROVISIONAL FAMILY CHILD CARE II LICENSE Thank you for your interest in becoming a licensed Family Child Care Home II. On this website, you will find all necessary forms needed to proceed with the licensing application process. It is vital that you carefully read the instructions, forms and Compliance Guide! INCOMPLETE forms will be returned and result in a delay in the licensing process. Providing Child Care is an important job and this process will take time, please keep this in mind. PLEASE DO NOT SET AN OPENING DATE UNTIL YOUR LICENSE HAS BEEN ISSUED. 1. Family Child Care Home II Application: Fill out the entire application completely. If your Family Child Care Home II is located in your residence, please list all household members and all providers’ children. If your Family Child Care Home II is not located in your residence you will need to list any and all persons residing in or regularly present on the premises. Substitutes and volunteers need to be listed regardless where the Family Child Care Home II is located. Remember to check the “provisional” box at the top of the application, and sign/date the bottom of the application. 2. Full Disclosure of Ownership Statement (FDOS): Instructions are on the form. Complete and submit one of the following forms; a) Non Profit or b) For Profit. 3. Consent and Authorization for Release of Information forms: Every person you list on the application who is 13 years of age and older, must complete a release of information form. Copies must be included with your application in order for Children’s Services Licensing to conduct background checks. You will be notified if any of these persons fail to clear the background check process. PLEASE NOTE: Any person between the ages of 13 to 18 must sign and date this form and must also have their parent or guardian sign and date this form. 4. Felony Misdemeanor Statement: Follow the instructions on the form. If the Family Child Care Home II is in your residence or not, all persons listed on the application who are age 19 years or older will need to complete the form. Please ensure the forms are completed accurately, and signed/dated. 5. Lawful Presence in the United States: If you are an individual owner and / or a co-owner with another individual you must complete the form. Please read the instructions on the form and submit with your application if appropriate. Applications from individuals cannot be processed without this form being completed and signed. 6. License Fee: You will need to submit a check or money order (not cash) payable to Nebraska Department of Health and Human Services. The license fee is $25.00. Your cancelled check will be your receipt, and there are no refunds. 7. Family Child Care Home Orientation Certificate: In your packet you will find a schedule of Orientation training. This is a one hour training designated to help you comply with the Family Child Care Home II regulations. Many of your questions will be answered at this time. Submit Primary provider(s) copy of Certificate; retain the original for your files. CITY OF OMAHA APPLICANTS ONLY: If your Family Child Care Home II will be in the City of Omaha, you will need to contact the City Planning Help Desk at (402) 444-3426. There are additional requirements within the Omaha City Limits. CITY OF LINCOLN APPLICANTS ONLY: If your Family Child Care Home II will be in the City of Lincoln, you will need to contact the City Building and Safety Office at (402) 441-6435. Lincoln has additional local ordinances, fire safety, parking, and zoning requirements which may prohibit you from operating a Family Child Care Home II. LOCAL DELEGATED FIRE AUTHORITIES: Several Nebraska communities have local delegated fire authorities who will conduct the fire inspections. These communities may have additional local ordinances, fire safety, parking, and zoning requirements. If you reside in the following communities, you can contact the delegated authority directly with questions specific to you community. City of Grand Island - Fire Inspector: Curt Rohling, 308-385-5444 Extension 220 City of Norfolk- Fire Inspector: Trent Howard, 402-844-2060 City of North Platte - Fire Inspector: George Lewis, 308-535-6768 City of Scottsbluff - Fire Inspector: Ezekiel Bowen, 308-630-6227 City of Bellevue – Fire Marshal: Mike Stucker, 402-293-3153 Submit the seven items listed above to the following address. Douglas or Sarpy County OR All Other Nebraska Counties Department of Health and Human Services Department of Health and Human Services Division of Public Health Division of Public Health Children’s Services Licensing Children’s Services Licensing 1801 N. 73rd Street PO Box 94986 Omaha, NE 68114 Lincoln, NE 68509 Once the above completed items are received, the Child Care Licensing Staff will make a referral to the State of Nebraska, Fire Marshal’s Office, or Local Fire Authority. Please keep in mind that wired in smoke detectors are required. Wired in smoke detectors need to be on every level of the home/premise, regardless if children are allowed on that level. They also must be in every room in which children will be sleeping. FIRE SAFETY INSPECTIONS: A Fire Safety Inspection and Approval is a requirement for licensure. You must have a Fire Safety Inspection Approval before child care licensing will inspect your program. If you do not hear from the fire inspector within 30 days, you may wish to contact him/her to schedule an appointment. If you do not live in a city under a local delegated fire authority (listed above) see handout titled “Nebraska State Fire Marshal District Map” for the designated fire marshal for your area. Items 8-11 listed below must be submitted together to continue the licensing process or can be submitted with the items above. 8. Health Information Report: The Primary Provider completes Part A of the Health Information Report. A Medical Practitioner completes Part B. Health Information Reports shall be completed every two years after licensure. 9. Copy of Current First Aid Training Certificate/Card: Send a copy of the signed card, both front and backsides. Do not send the original card. 10. Copy of Current CPR Certificate/Card: Send a copy of the signed card, both front and back sides. Do not send the original card. 11. If a Secondary Provider is listed: Submit the following on the Secondary Provider: a) Felony/Misdemeanor Statement b) 3 Non relative references (actual information obtained from the references) c) A Health Information Report (current within 30 days of hire) needs to kept on file at the facility. If any of the forms are incomplete, the packet will be returned to you. Once all completed forms are received, and our office has received Fire Approval from the State Fire Marshal’s office or Designated Fire Authority, a Child Care Inspection Specialist will be assigned for an on-site inspection. Your Child Care Inspection Specialist will contact you to set up an appointment. If you have any questions regarding this process, contact Douglas or Sarpy County OR All Other Nebraska Counties Department of Health and Human Services Department of Health and Human Services Division of Public Health Division of Public Health Children’s Services Licensing Children’s Services Licensing Attn: Gina Ewing Attn: Cindy Strufing 1801 N. 73rd Street PO Box 94986 Omaha, NE 68114 Lincoln, NE 68509 (402) 595-3348 (402) 471-9562; 1-800-600-1289  ADMINISTRATION AND PROCEDURES Table 12-1: Criteria For Site Plan Review And Conditional Use Permits CRITERIA APPLIES TO Land Use Site Plan Conditional Compatibility Review Use Permit Development Density Site area per unit or floor area ratio should be similar X to surrounding uses if not separated by major natural or artificial features. Height and Scale Height and Bulk Development should minimize differences in height X X and building size from surrounding structures. Differences should be justified by urban design considerations. Setbacks Development should respect pre-existing setbacks in X X surrounding area. Variations should be justified by site or operating characteristics. Building Coverage Building coverage should be similar to that of X X surrounding development of possible. higher coverage should be mitigated by landscaping or site amenities. Site Development Frontage Project frontage along a street should be similar to lot X X width. Parking and Internal Parking should serve all structures with minimal X X Circulation conflicts between pedestrians and vehicles. All structures must be accessible to public safety X X vehicles. X X Development must have access to adjacent public streets and ways. Internal circulation should minimize conflicts and congestion at public access points. Landscaping Landscaping should be integral to the development, X X providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Parts of site with sensitive environmental features or natural drainageways should be preserved. Building Design Architectural design and building materials should be X compatible with surrounding areas or highly visible locations Operating Characteristics Traffic Capacity Project should not obstruct traffic on adjacent streets. X X Compensating improvements will be required to mitigate impact on street system operations. External Traffic Effects Project design should direct non-residential traffic X X away from residential areas. Operating Hours Projects with long operating hours must minimize X X effects on surrounding residential areas. 12-5 REVISED 7-31-12  ADMINISTRATION AND PROCEDURES Table 12-1: Criteria For Site Plan Review And Special Use Permits CRITERIA APPLIES TO Operating Site Plan Conditional Characteristics Review Use Permit Outside Storage Outside storage areas must be screened from X X surrounding streets and less intensive land uses. Public Facilities Sanitary Waste Developments within 500 feet of a public sanitary X X Disposal sewer must connect to sewer system. Individual disposal systems, if permitted, shall not adversely affect public health, safety, or welfare. Sanitary sewer must have adequate capacity to serve X X development. Storm Water Development should handle storm water adequately X X Management to prevent overloading of public storm water management system. Development should not inhibit development of other X X properties. Development should not increase probability of X X erosion, flooding, landslides, or other run-off related effects. Utilities Project must be served by utilities. X X Rural estate subdivisions should be located in X X designated areas which can accommodate utility and infrastructure installation consistent with the need to protect the environment and public health. Comprehensive Plan Projects should be consistent with the City of X Fremont’s Comprehensive Development Plan. 12-6 REVISED 7-31-12  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: May 18, 2015 SUBJECT: Draft Unified Development Ordinance (UDO) Amendments – Article 1 Background: As a follow-up to the timeline discussion held by the Commission at the regularly scheduled meeting on April 20, 2015, Staff has prepared the following amendments to Article 1, and the Draft UDO in general, for review and consideration. 1. Historically, the City’s Zoning Ordinance has been adopted as a stand-alone document and not incorporated into the City’s “Municipal Code”. More specifically, Chapter 11 of the City’s Municipal Code looks something like this: Chapter 11 MUNICIPAL PLANNING Article 1. Municipal Limits §11-101 COMPREHENSIVE PLAN; ADOPTED. In order to accommodate anticipated long-range future growth, the Comprehensive Development Plan for … City Clerk and available for inspection by any member of the public during office hours. Article 2. Zoning §11-201 ZONING REGULATIONS; ADOPTED. For the purpose of setting minimum standards to promote the public health, safety, morals, convenience, order, … shall be kept on file with the City Clerk and available for inspection by any member of the public during office hours. Article 3. Subdivision Regulations §11-301 SUBDIVISION REGULATIONS; ADOPTED. To provide for harmonious development of the Municipality and its environs; for the integration of new … with the City Clerk and available for inspection by any member of the public during office hours.  Article 4. Penal Provision §11-401 VIOLATION; PENALTY. Any person, whether as owner, proprietor, or as the agent, attorney, or representative of any owner or proprietor of land who … provisions hereinbefore, as now existing, or as hereafter amended, shall, upon conviction, be fined in any sum not exceeding one thousand ($1,000.00) dollars. One of the goals of the UDO is to combine and replace a number of code sections found throughout the City’s Municipal Code in order to provide clear and concise rules and regulations, reducing inconsistences and redundancy. With that being said, we are proposing a repeal and replacement of Articles 2, 3 and 4 – amongst other subsections found elsewhere in the City’s Municipal Code – with the language found in the Draft UDO. Therefore the numbering will be revised slightly to fit within the context of the City’s Municipal Code. For example, Article One of the Draft UDO will actually become Article 2, Chapter 11, Fremont Municipal Code (FMC) – numbered such that subsections will read 11-200, 11-201, 11-202 … 11-920 – as opposed to Article One, Fremont Unified Development Ordinance. 2. Amend Article 1 of the Draft UDO to read as follows: ARTICLE [ONE]TWO GENERAL PROVISIONS [15-1]11-200 TITLE, PURPOSE, AUTHORITY, JURIDICTION, AND TRANSITIONAL PROVISIONS Sec. [15-1]11-201 Title; Short Title A. Title. This title of the document shall be known as the Unified Development [Ordinance]Code of the City of Fremont (the City). B. Short Title. The Unified Development [Ordinance]Code of the City of Fremont may hereinafter be referred to as the ["UDO"]“UDC” or ["this Ordinance"]“these regulations”. Sec. [15-1]11-202 Purpose The provisions of [this Ordinance]these regulations are enacted to protect the public health, safety, morals, and general welfare of the community in accordance with the latest adopted version of the City’s Comprehensive Plan, Blueprint for Tomorrow, as amended from time to time. The provisions of [this Ordinance]these regulations are specifically intended to: A. Protect public health and safety, resiliency, and environmental quality by: 1. Ensuring greater public safety, convenience, and accessibility through the physical design and location of land uses; 2. Minimizing losses due to destruction by nature or acts of God; and  3. Allowing for the orderly and timely reconstruction of property damaged by[ acts of] nature or acts of God. B. Protect the quality of life of the City's residents, business owners, employees, and visitors by: 1. Promoting a balanced, diverse supply of affordable, quality housing located in safe and livable neighborhoods; 2. Ensuring the provision of adequate open space for light, air, and fire safety; 3. Preserving and enhancing the character and quality of existing, stable neighborhoods; 4. Allowing for reinvestment in existing neighborhoods; and 5. Enhancing the visual character and attractiveness of the City through regulation of site and building design, as well as the enforcement of [site management and operations]property maintenance regulations. C. Promote the City's economic opportunities by: 1. Embracing the vitality of existing businesses and development of future employers in the City; and 2. Encouraging the efficient use of available land in the City. D. Protect the fiscal and functional health of the City by: 1. Fostering convenient, compatible, and efficient relationships among land uses; 2. Encouraging mixed-use development and a compact pattern of growth; 3. Preserving and enhancing property values; and 4. Promoting a balanced supply of residential, commercial, and industrial land uses. Sec. [15-1]11-203 Authority and Jurisdiction [15-1]11-203.01. Jurisdiction. The provisions of the [UDO]UDC shall be applicable to all property within the corporate limits of the City of Fremont and within two miles adjacent to the corporate limits as provide by Sections 19-901 to 19-929, Nebraska Revised Statues (NRS), or any amendments thereto. [15-1]11-203.02. Conflicting Provisions. This [UDO]UDC shall be interpreted to establish the minimum requirements for the promotion of the public health, safety, and welfare. If any provision of this [UDO]UDC conflicts with any other provision of this [UDO]UDC, any other Ordinance of the City, or any applicable State of Federal law, the more restrictive provision shall apply unless it is preempted. [15-1]11-203.03. Consistency with Comprehensive Plan. The City intends for this [UDO]UDC and any amendments to it to be consistent with the Comprehensive Plan, as amended from time to time, [as well as any small area or master plans adopted by the City. It]and, it is the City’s intent to amend [this Ordinance]these regulations whenever such action is deemed necessary to keep regulatory provisions in conformance with these plans. [15-1]11-203.04. Publishing and Filing. [this Ordinance]These regulations shall be published in [book]pamphlet and electronic forms and shall, together with the maps being a part of [this Ordinance]these regulations, be filed with the City Clerk. [15-1]11-203.05. Effective Date. The effective date is the adopted date[ or most recent amended date] of this [UDO]UDC. Sec. [15-1]11-204 Transitional Provisions [15-1]11-204.01. Pending Application. A. [Generally. Except as provided in Subsection B. below, each]Each application for development approval shall be evaluated by the regulations that were in effect at the time the application was submitted. B. [Stale Applications. Applications for development approval that were not pursued with due diligence may expire pursuant to Subsection 15-714.06., Termination of Inactive Applications.] [15-1]11-204.02. Development Approvals that Predate [this Ordinance]these Regulations. A. Generally. It is the intent of the City Council to respect existing development approvals. Approved development plans may be carried out within the scope of the approved plans, including applicable standards in effect at the time of approval, provided that the approval is valid and has not exceeded the duration of approval pursuant to Subsection 15-714.12., Approval; Effect of Approval. B. Duration of Approvals. Development approvals that are valid on the effective date of [this Ordinance]these regulations are valid for the duration specified in Subsection 15-714.12., Approval; Effect of Approval. If no duration was in effect at the time of approval, the respective approval shall expire in accordance with Subsection 15-714.12., Approval; Effect of Approval. [note; terms and conditions relating to approval duration and expiration are not defined in subsection 15-714.12; we’ll consider an amendment to subsection 15-714.12 when reviewing Article Seven] C. Scope of Approvals. This Section shall not be interpreted to confer rights upon an applicant or an applicant’s property that is not set out within the approved documents associated with each permit. [15-1]11-204.03. Prior Conditions of Approval. A. Generally. Conditions of development approvals that were granted prior to the effective date of [this Ordinance]these regulations remain in force, regardless of the standards of [this Ordinance]these regulations. B. Modification or Elimination of Conditions. Conditions of approvals that were imposed prior to the effective date of [this Ordinance]these regulations may be modified or eliminated pursuant to new applications that meet the procedures and standards of [this Ordinance]these regulations. [15-1]11-204.04. Existing Violations. A. Generally. Any violations of previous versions of [the Zoning Ordinance and Subdivision Regulations]any code or ordinance of the City shall continue to be a violation under this [UDO]UDC and shall be subject to the penalties and enforcement set forth in the [UDO]UDC (see Subsection 15-733.02., Violations). B. Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered a violation under [this Ordinance]these regulations. [15-1]11-204.05. Private Restrictions (Covenants). A. Generally. [this Ordinance]These regulations do[es] not abrogate private restrictions that affect the use, development, or maintenance of property. Only the provisions of this [UDO]UDC will be enforced on property located within the City and its extra-territorial jurisdiction. B. No Duty to Search for, Interpret, or Enforce Private Restrictions. Unless the City is a party to them, it will not take any of the following actions: 1. Search for the existence of private restrictions; 2. Interpret private restrictions; or 3. Enforce private restrictions. C. No City Liability. The City may adopt policies and procedures to assist parties seeking information regarding the existence of private restrictions, but shall not be held accountable regarding the accuracy or completeness of such information. Sec. [15-1]11-205 Reserved to Section [15-1]11-299 NOTE: LANGUAGE WHICH IS BOLD, UNDERLINED HAS BEEN ADDED; LANGUAGE WHICH IS [BRACKETS, STRICKEN] HAS BEEN DELETED. 3. Consider revising references to particular subsections to read “herein” or “elsewhere in code.” It’s been my experience that throughout the years, as codes and ordinances get amended and subsections get renumbered, these references often end up either broken or pointing to unintended subsections essentially compromising the integrity of the code. Fiscal Impact: N/A  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: May 18, 2015 SUBJECT: Draft Unified Development Ordinance (UDO) Amendments – Article 2 Background: In preparation for next month’s meeting concerning Article 2, Staff has prepared the following questions. The Commissions answers will guide Staff in reviewing Article 2 and drafting appropriate amendments. 1. What’s the difference between AG Agricultural and RR Rural Residential? Is there a need for two separate and distinct zoning districts? What are we trying to accomplish? 2. What’s the difference between NC Neighborhood Conservation and any combination of SR Suburban Residential, GR General Residential, HR High Density Residential, and UR Urban Residential? Is there a need for a separate and distinct zoning district? What are we trying to accomplish? 3. Why is the AO Airport Overlay district an overlay and not a base zoning district? Is there a need perhaps for both an airport district and airport overlay district – I could certainly see an overlay district expanding beyond the boundaries of an airport district to discourage certain land uses, or limit building heights, etc. If we didn’t have a base airport district, what would the most appropriate base zoning district be for an airport? 4. What happened to PUD Planned Unit Development and/or MU Mixed Use zoning districts? Fiscal Impact: N/A