Fiscal Note
The proposed annexation agreement is one of three authorizing proposals that comprise the City's planned development of the Cherokee area. In addition to the annexation agreement, the City has developed a Cherokee Special Area Plan and a Memorandum of Understanding between Cherokee Park Development, Inc. ("Cherokee") and the City, each of which is offered under separate authorizing Resolutions requiring Council approval.
The annexation agreement is essentially a statement of intent between Cherokee and the City and makes no financial commitment by the City at this time. The agreement provides that Cherokee will initiate a series of annexations for property currently in the Towns of Burke and/or Westport. The annexations will occur in phases over several years; each annexation will require separate Council approval. As annexations occur, the City will make sanitary sewer, water, road and other infrastructure improvements appropriate for development and levy special assessments for proportionate cost recovery in accordance with standard City policies and procedures.
The annexation agreement includes two unique provisions:
First, the agreement stipulates that in conjunction with the City's cooperative plan with the Town of Burke, Cherokee will pay to the City "a portion of the debt currently existing in the Town of Burke's municipal water system," estimated to be $423,400. The City will recover its cost over several years via building permit assessments as dwelling units are constructed.
Second, the agreement provides that in the event additional land is required for park purposes beyond those currently designated as park lands, Cherokee will dedicate property known as the "Stewart Property" to serve as a "bank" of parklands upon which may be drawn any required additional park lands commensurate with development. The agreement provides for a valuation of the land and requires that, in the event the total parkland dedication exceeds that required for the development, the City pay to Cherokee "the amount in excess of the necessary parkland dedication." However, the City currently anticipates that Cherokee's dedication of the Steward Property will not result in a required City payment to the developer.
Title
Authorizing the Annexation/Attachment Agreement between the City of Madison and Cherokee Park, Inc.
Body
WHEREAS, the City of Madison ("City") desires that lands owned by Cherokee Park, Inc. ("Cherokee") and shown on Exhibit A, develop in the City, according to City standards as set forth in City ordinances and plans; and
Whereas, the City of Madison Comprehensive Plan recommends a variety of land uses for CPI lands, including residential, mixed-use, institutional, and park / open space; and
WHEREAS, the City has prepared and introduced for adoption the Cherokee Special Area Plan to further address the recommendations in the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the City and Cherokee shall enter into an Annexation / Attachment Agreement for all Cherokee lands shown in Exhibit A, such Agreement containing the following provisions.
1. Over a period of fifteen (15) years from the date of the execution of this Agreement, Cherokee shall submit annexation / attachment petitions for all the lands on Exhibit A, with the exception of 2. below.
2. The City shall not annex / attach the Marsh Area or the High Hill lands subject to conservation easement or in use as the Tiziani or Stricker homesteads until thirty (30) years from the date of the execution of this Agreement.
3. The sequence of the annexations / attachments shall be at the discretion of Cherokee, subject to City staff input.
4. All petitions for annexation / attachment shall contain sufficient lands to ensure efficient and economical installation of infrastructure improvements and provisions of City services.
5. City staff shall support all petitions for annexation / attachment that are complete, and meet statutory or other requirements.
6. The City shall defend in a timely manner all challenges to annexations / attachments of Cherokee properties to the City of Madison.
7. The City agrees to process and support all preliminary and final plats that are consistent with adopted City plans.
8. Improvements to Wheeler Road, Sherman Avenue, and County Trunk CV shall be assessed to Cherokee in accordance with the City's special assessment policy and ordinance.
9. Cherokee shall pay fifty percent (50) of the costs of constructing a bicycle pedestrian path on the east side of Sherman Avenue or on the west side of Sherman Avenue should further planning and consultation with Cherokee indicate the west side is a more appropriate location.
10. The extension of sanitary sewer and water service shall be according to City ordinances, policies, and procedures.
11. Cherokee shall pay to the City $423,400, a sum that reflects the City's investment in Burke Utility District I (BUD 1). The $423,400 will be prorated for each dwelling unit to be developed by Cherokee. The charge will be paid by the date a building permit is issued or January 1, 2037, whichever is sooner.
12. The City and Cherokee shall install stormwater improvements in conformance with City ordinances, policies, and procedures.
13. The City and Cherokee shall be responsible for installation and payment of street signs, pavement markings, street lights, and traffic signals in accordance with City ordinances, policies, and procedures.
14. Cherokee shall make park land dedications or pay a fee in lieu of dedication in accordance with City ordinances, policies, and procedures.
15. The Stewart Property, identified in Exhibit A, shall serve as a parkland "bank". Its value is as follows: Developable land - $70,000 / acre; Easement-restricted Uplands - $20,000 / acre; and Easement-restricted Wetland - $3,000 / acre.
16. All development shall be subject to City ordinances, policies, and procedures in existence at the time of development.
17. No later than thirty (30) days following execution of this agreement, the City shall begin the process to release a portion of its open space agreement and shall vacate the platted right of way through the Wheeler Triangle, shown on Exhibit B.
18. No later than thirty (30) days following the execution of this Agreement, Cherokee shall provide a Warranty Deed to the City for lots 179, 180, and 181, Cherokee Plat, shown on Exhibit B.
19. This Agreement shall be binding on all successors and assigns of the City and Cherokee.
20. In the event any provision of this Agreement shall be deemed invalid, the validity of the remaining provisions shall not be affected.
21. In the event Cherokee is unable to secure the necessary approvals for annexation or other necessary approvals, from Madison Metropolitan Sewer District, Wisconsin Department of Natural Resources, Dane County and/or Dane County Airport, upon written notice by Cherokee, this Agreement may be declared null and void.
NOW BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the Annexation Agreement.