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HomeMy WebLinkAboutAnnexation - 23260 Brick Road - Brick Road L.L.C. Michigan Limited Liability Co.• J ORDINANCE No. 9226-01 Passed by the Common Council of the City of South Bend, Indiana May 14, Attest: Attest: 01 20 Presented by me to the ll~iavor of the Ciry of Soutlt Bend, Indiana _ May 15, 20 01 City Clerk President of Compton Council Ciry Clerk Approved attd signed by »te May 16, 20 0l Ma~.rn ORDINANCE NO. ZZ~-b , AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; (BRICK ROAD L.L.C., MICHIGAN LIMITED LIABILITY CO.) (23260 BRICK ROAD SOUTH BEND, INDIANA 46628) STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 7.50 acres located in German Township, St. Joseph County, Indiana, has been filed by either fifty-one percent (510) of the owners of the land in the territory sought to be annexed and zoned, or the owners of seventy- five percent (750) of the total assessed value of the land for property tax purposes. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 20, ALL IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG THE EAST LINE OF SAID WEST HALF, S. 00°- 00'-00" W. (ALL BEARINGS ASSUMED), 750.00 FT. MORE OR LESS TO THE EXISTING CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE ALONG SAID LINE FOR THE NEXT TWO COURSES, S. 90°-00'-00" W., 420.00 FT. MORE OR LESS AND N. 00°-00'-00" E., 770.00 FT. MORE OR LESS TO THE NORTH RIGHT- OF-WAY LINE OF BRICK ROAD; THENCE ALONG SAID NORTH LINE FOR THE NEXT FIVE COURSES, N. 90~'-00'-00" E. 75.16 FT. MORE OR LESS AND N. 00°-00'- 00' E., 20.00 FT. MORE OR LESS AND N. 90°-00'-00" E., 162.84 FT. MORE OR LESS AND S. 00°'-00'-00" W., 20.00 FT. MORE OR LESS AND N. 90°-00'- 00" E., 182.00 FT. MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE ALONG SAID EAST LINE, S. 00°-00'-00" W., 20.00 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 7.50 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. . •- 2 SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 4990-68, as amended, which ,ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights-of-way, is hereby established as "BP" BUSINESS ~k District in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. That the above described real estate shall be and hereby is assigned to the 1st Councilmanic District of the City of South Bend, Indiana. SECTION V. This Ordinance shall be in full force and effect 90 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE CO O COUNCIL 1st READING , ~"- ~2 .~~ PUBLIC HEARING ~~-D~ QS Ste"'"' ' '~ "g~l 3rd READING 5-~~-Ql ctJ Sl.~(Of-~'~~~ NOT AP?ROVED 0 REFERRED (~.~_ L "~~" \ _ PASSED 5 ~`l ~0 \ CA S 5 u~os~r~ ~~ F~IeS$ ~~i Cfr~C~c'~ ~~e~~~ ~s~=~ ~ ~ ~On1 IORIrTTA J. Oi6D39 CITY CLERIC, E0. DEt3D, f'i. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 14-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; BRICK ROAD L.L.C., MICHIGAN LIMITED LIABILITY CO., 23260 BRICK ROAD, SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Andrew Udj ak Chairman PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CHECK ONE): X a. fifty-one percent (51%) of the owners of the land in the territory sought to be annexed; OR b. the owners of seventy-five (75%) of the total assessed value of the land for property tax purposes. 4). The property sought to be annexed and rezoned is located at: 23260 Brick Road Road South Bend, Indiana 46628 5). That the name and address of the property owner(s) of the petition site is: Brick Road L.L.C., Michigan Limited Liability Co. C/O Frank Hutto - Member 58000 West Eight Mile Road, Suite 200 Northville, Michigan 48617 (313) 561-9718 6). That the name and address of the contingent purchaser(s), if applicable, is: N/A 7). The parcel is 7.50+/- acres in size and currently has the following use(s) on it: Residential Home. 8). It is desired and requested that the petition size be rezoned From: "R" Residential (County Zoning) To: "BP" Business Park District for the following uses: Business Park Allowed Uses. ' ritui•i rHnt~ii7. reb. ~ ~-~i ii: i~n•i -si Signed: y) . ~iiie =oliowng irifarneatioin iiat~ been susimiiteu with tide Petit~.c~n: a). Z. A legal desc~riptiori cif the property, titled ac Exhihii eeAn 2. A list of naP.aes and sddrasses aP alI property o~«ers, along wits the tam key Diners f©r all propertieF, w3t_h3n 3oq feet of the petition property; 3. Six (~) site pt.ans; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. b). By signing this petition, T and any contingent purchaser understand that if the council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted tv and approved by the Arse Plan Coiamission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan yr obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the "A" Residential, "A° Height & Area zoning classification. Under certain conditions, a time extension on the submittal of the final site plan uiay be requested. 20). The signature(s) of all property owner(s), or Attorney for all property owner(s) Address: Brack Raad L.L.C., Michigan Limited Liability Ca. C/O Frank Hutto - Member 58000 W. Eight Mile Rd. , Suite 200 Northville, MI 43617 {323) 561-9718 11). Name, Address & Phone Number of Contact Person/Preparera Danch, Horner & Associates, Tnc. C/O Michael Danch 2422 Viridian Drive, Suite 201 South Bend, Indiana 46628 (219) 234-4003. A U • -~' ..~ .. a ~n.+ _ o. ^[ f 4 ~ . t;: , . . , , - a - - ...... a t. e EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 20, ALL IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG THE EAST LINE OF SAID WEST HALF, S. 00°- 00'-00" W. (ALL BEARINGS ASSUMED), 750.00 FT. MORE OR LESS TO THE EXISTING CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE ALONG SAID LINE FOR THE NEXT TWO COURSES, S. 90°-00'-00" W., 420.00 FT. MORE OR LESS AND N. 00°-00'-00" E., 770.00 FT. MORE OR LESS TO THE NORTH RIGHT- OF-WAY LINE OF BRICK ROAD; THENCE ALONG SAID NORTH LINE FOR THE NEXT FIVE COURSES, N. 90°-00'-00" E. 75.16 FT. MORE OR LESS AND N. 00~-00'- 00' E., 20.00 FT. MORE OR LESS AND N. 90°-00'-00" E., 162.84 FT. MORE OR LESS AND S. 00°-00'-00" W., 20.00 FT. MORE OR LESS AND N. 90°-00'- 00" E., 182.00 FT. MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE ALONG SAID EAST LINE, S. 00°-00'-00" W., 20.00 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 7.50 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. FF~ 0 ~ 20~~ Property Owners List for Brick Road LLC Petition Brick Road LLC Gladys Shively & Marian & Hutto Bonnie Buchholz 21580 Griswold 275 Fourteen Mile Rd 23234 Brick Rd So Lyon, MI 48178 Birmingham, MI 48009 South Bend, IN 46628 Tax Key # 04-1012-0198 Ta~c Key # 25-1012-0198 Tax Key # 04-1012-019910 Clayton & Dolores Close Richard & Sharon Seifert James & Catherine Riordan 23206 Brick Rd 52041 Patricia Ln 52069 Patricia Ln South Bend, IN 46628 South Bend, IN 46628 South Bend, IN 46628 Tax Key # 04-1012-019901 Tax Key # 04-1012-019903 Tax Key # 04-1012-019925 John Pierson James Galeziewski Frank & Frances Beidinger 52101 Patricia Lane 52119 Patricia Lane 52141 Patricia Lane South Bend, IN 46628 South Bend, IN 46628 South Bend, IN 46628 Tax Key # 04-1012-019909 Tax Key # 04-1012-019924 Tax Key # 04-1012-019923 Jerome & Stephanie Williams Joseph & Jacqueline Kozakiewicz Raymond & Justine Demaegt 52167 Patricia Lane 52189 Patricia Lane 1754 N Kaley South Bend, IN 46628 South Bend, IN 46628 South Bend, IN 46628 Tax Key # 04-1012-019922 Tax Key # 04-1012-019921 Tax Key # 04-1012-019937 Robert Pryer Dennis & Beverly Hanyzewski Brent & Sharon Myers 23178 Brick Rd 52040 Patricia Lane 52062 Patricia Lane South Bend, IN 46628 South Bend, IN 46628 South Bend, IN 46628 Tax Key # 04-1012-019905 Ta~c Key # 04-1012-019926 Tax Key # 04-1012-019927 M. Klute & Mary Bierwagen Edward & Helen Jittler Eugene & Roberta Zarembka 52100 Patricia Lane 52120 Patricia Lane 23155 Acacia Pl South Bend, IN 46628 South Bend, IN 46628 South Bend, IN 46628 Tax Key # 04-1012-019928 Tax Key # 04-1012-019930 Tax Key # 04-1012-019931 Gretchen Katlun Brian & Sharon Steinke Brent & Julie Harnish 23156 Acacia Pl 23231 Brick Rd 23167 Brick Rd South Bend, IN 46628 South Bend, IN 46628 South Bend, IN 46628 Tax Key # 04-1012-019920 Tax Key # 04-10009-016101 Tax Key # 04-1009-016105 Homestead Farm LLP Orval Sellers Orval Sellers & Connie Warnke 23167 Brick Rd 23287 Brick Rd 23287 Brick Rd South Bend, IN 46628 South Bend, IN 46628 South Bend, IN 46628 Tax Key # 04-1009-0161 Tax Key # 04-1009-0160 Tax Key # 04-1009-016001 Ralph & Martha Whiffing Holy Trinity Evangelical Luthern Gil & Colleen Bell 23413 Brick Rti - 51900 Mayflower Road 14547 Main St South Bend, In 46628 South Bend, IN 46628 Buchanan, MI 49107 Tax Key # 04-1009-015901 Tax Key # 04-1009-015801 Tax Key # 04-1009-0158 ~'~ ,.~ ,,_._ a... F~~~ 0 `%~ ~~'~s ,_._,..,...o... . _u ~_~ ANNEXATION & REZONING SURVEY ORDERED BY: BRICK RD . LLC D 1 AG RA M SURVEY DATED: JANUARY 2, 2001 PROJECT NO.: 991008 Part of the Southeast Quarter, Section 17 and the Northeast Quarter of Section, T. 38 N., R. 2 E. German Township, St. Joseph County, Indiana I IJNE OF WEST HALF OF THE SOUTHEAST QUARTER SEC. 17, T. 38 N., R. 2 E. ~/L BRICK ROAD a ' --N-9s~~o ;< a m 0 ~ s4s.os' t 25' BLDG. SETBACK LJNE O Ri w z Y a m N ~ -L ~. , -H Exist. Bldgs. • d 7.50 ACRES f S Vl 420.00' f NE Cor. of the W. 1/2, of the NE 1 /4 of Sic. 20, T.3i N., R.2 E. S 90'00'00" W •EXISTING CITY CORPORATKNJ LINE -~~~ 0 300 600 900 ._ , 1 SCALE i - 300 FAST LINE OF WEST HALF OF THE NORTHEAST QUARTER SEC. 20, T. 38 N„ R. 2 E. 1 ,., Fr ~' .,~ 0 ..~. _. _.,.. _.._ ~ ~Oi~1 ~ arrter dr >~ac tes, ~ Land Surveyors Professional Engineers Landscape Architects• Land Planners Office: (219)234-4003 / (800)594-4003 • Fax: (219)234-4119 3231 Sugar Maple Court South Bend. IN 46628 LINE BEARING DISTANCE AA N. 90'00'00" E. 75.16'f AB N. 00'00 0 0.00 f AC N 0'00 0 E. 16 f A S 0'00 00 W. 20.00 f AE N. 90'00 00 E. 182.00 f AF '00 00 W. 0 0 1 2 ANNEXATION & REZONING SURVEY ORDERED BRICK RD . LLC DI AG RA M SURVEY DATED: JANUARY 2, 2001 PROJECT NO.: 991008 LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 20, ALL IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG THE EAST LINE OF SAID WEST HALF, S. 00°- 00'-00" W. (ALL BEARINGS ASSUMED), 750.00 FT. MORE OR LESS TO THE EXISTING CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE ALONG SAID LINE FOR THE NEXT TWO COURSES, S. 90°-00'-00" W., 420.00 FT. MORE OR LESS AND N. 00°-00'-00" E., 770.00 FT. MORE OR LESS TO THE NORTH RIGHT- OF-WAY LINE OF BRICK ROAD; THENCE ALONG SAID NORTH LINE FOR THE NEXT FIVE COURSES, N. 90°-00'-00" E. 75.16 FT. MORE OR LESS AND N. 00°-00'- 00' E., 20.00 FT. MORE OR LESS AND N. 90°-00'-00" E., 162.84 FT. MORE OR. LESS AND S. 00°-00'-00" W., 20.00 FT. MORE OR LESS AND N. 90°-00'- 00" E., 182.00 FT. MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE ALONG SAID EAST LINE, S. 00~-00'-00" W., 20.00 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 7.50 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Q~NERAL ZON PROPOSED ZO; SETBACKS: ALL DEVELOPI IN DIVISION SOUTH BEND, ING RESTRI~ KING- "BP" KENT SHALL 6.5. "BPn INDIANA Zi yTIONS & SITE DATA: BUSINESS PARK DISTRICT BE REQUIRED TO CONFORM TO ALL STANDARDS SETFORTH BUSINESS PARK DISTRICT AS DETAILED IN THE CITY OF ~NING ORDINANCE. SOME GENERAL REQUIREMENTS: 1. 40 FT. FRONT YARD SETBACK LINE 2. 20 FT. REAR YARD SETBACK LINE 3. SIDE YARD SETBACK 20 FT./100 FT. WHEN ADJACENT TO RESIDENTIAL 4. MAXIMUM BUILDING HEIGHT - 35 FEET OR 2-1/2 STORIES 5. MAXIMUM BUILDING COVERAGE - 40~ 6. MINIMUM FRONTAGE FOR BUILDING PURPOSES - 35 FEET 7. MINIMUM LOT/PARCEL SIZE - 2 ACRES WITH WATER & SEWER SITE 1. PARCEL SI~ - 7.50 GROSS ACRES a ~' k f_ ~ N _.._ . -t, -,. arKer dr mac tes, n~ Land Surveyors Professional Engineers 2 Landscape Architects• Land Planners Office: (219)234-4003 / (800)594-4003 Fax: (219)234-4119 3231 Sugar Maple Court ^ South Bend, IN 46628 DI-!<I Uanch, f-/arner & ~1 ssociates; Inc: MICHAEL J. RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Land Surveyors Professional Engineers Landscape Architects Land Planners February 3, 2001 RE: Annexation & Rezoning Petition for Brick Road LLC at 23260 Brick Road, South Bend, Indiana: Dear Council Members: Our client is requesting the Annexation and Rezoning of their property located at 23260 Brick Road, South Bend, Indiana. The owner proposes to develop a Business Park development on the proposed 7.50 acre parcel together with the rest of their property which ajoins this petition site to the west and south. Our client believes the proposed rezoning will compliment the existing Business Park zoned land and will be a welcome addition to this portion of South Bend which is being used for Business Parks. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Michael J. Ranch V President Ranch, Harner & Associates, Inc. File # 991008 Lewp Md Disk # 119 .. ~ ~ P t ~ L ~ a ...~_,. '... L_.....~ E'". .y~ y 2422 Vridian Drive, Suite 201 ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 office 2191234-4003 ^ 800/ 594-4003 ^ Fax 2191234-4119 office 6161471-3010 ^ Fax 6161471-7237 Area Plan Commission of St. Joseph County = ~ ~ 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 March 21, 2001 The Honorable Common Council City of South Bend County City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 ~',1\ Ian, ~y-Ol RE: A pro~pposed ordinance and site development plan of Brick Road L.L.C., Michigan Limited Liability Co. to zone from "R" Residential (County Zoning) to "BP" Business Park District, property located at 23260 Brick Road, City of South Bend - APC #2058-01 Dear Council Members: The above referenced ordinance and site development plan of Brick Road L.L.C., Michigan Limited Liability Co. was legally advertised March 8, 2001. The Area Plan Commission at its public hearing on March 20, 2001, took the following action: Upon a motion by Charlotte Sobel, being seconded by Tim Walz and carried, the proposed ordinance and site developwent plan of Brick Road L.L.C., Michigan Limited Liabihty Co. to zone from "R" Residential (County Zoning) to "BP" Business Park District, property located at 23260 Brick Road, City of South Bend is sent to the Common Council with a favorable recommendation, sub~'eect to a final site plan showing access to this site from the "BP" zoned property rather than Brick Road, and showing the highest berm and densest screeniwgg allowed by the City of South Bend Zoning Ordinance along the eastern border of the property. T`he proposed rezoning to "BP" Business Park would be in keeping with zoning and allowed uses to the south and west. The "BP" Business Park regulations contain extensive screening and setback requirements which were specially designed to protect adjacent residential areas from any negative effects that might be generated by business use. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public heanng, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Si r ly obert W. Sante RWS:sr Attachment CC: Brick Road L.L.C., Michigan Limited Liability Co. CC: Danch, Hamer & Associates, Inc. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT March 12, 2001 Brick Road L.L.C., Michigan Limited Liability Co. 2058-01 Location: 23260 Brick Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "R" Residential (County Zoning) to "BP" Business Park District to allow uses permitted in "BP" Business Park District. EXISTING LAND USE: The property currently contains a farmstead. SURROUNDING LAND USE AND ZONING: Located to the north and east are single-family homes zoned "R" Residential and to the south and west is vacant land zoned "B-P" Business Park. ACCESS: Access to the site is from Brick Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer will be available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 7.5 acres. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no flood hazards, wetlands or environmental hazard areas are present. A public well is located southeast of the site. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer will require a drainage plan at the final site plan stage. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site plan that shows access to this site from the "BP" zoned property rather than Brick Road. The proposed rezoning to "BP" Business Park would be in keeping with zoning and allowed uses to the south and west. The "BP" Business Park regulations contain extensive screening and setback requirements which were specially designed to protect adjacent residential areas from any negative effects that might be generated by business use. 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