City of Madison - File #: 48605

• File #: 48605
• Version: 1
• Name: Deed Restrictions for Certain Burke & Blooming Grove Development
• Type: Resolution
• Status: Passed
• File created: 8/28/2017
• In control: PLAN COMMISSION
• On agenda: 10/3/2017
• Final action: 10/3/2017
• Enactment date: 10/4/2017
• Enactment #: RES-17-00815
• Title: Authorizing the Acceptance of Deed Restrictions to Allow for Certain Residential Land Divisions in the Town of Burke and Town of Blooming Grove Under Their Respective Cooperative Plans
• Sponsors: Steve King

Date	Ver.	Action By	Action	Result
10/3/2017	1	COMMON COUNCIL	Adopt Under Suspension of Rules 2.04, 2.05, 2.24, and 2.25	Pass
9/18/2017	1	PLAN COMMISSION	RECOMMEND TO COUNCIL TO ADOPT UNDER SUSPENSION OF RULES 2.04, 2.05, 2.24, & 2.25 - REPORT OF OFFICER	Pass
9/5/2017	1	COMMON COUNCIL	Refer	Pass
8/28/2017	1	Planning Division	Referred for Introduction

Fiscal Note
The City of Madison entered into cooperative plans with the Town of Blooming Grove and the Town of Burke in 2006 and 2007, respectively. The proposed resolution authorizes the Director of Planning, or designee, in the Department of Planning, Community & Economic Development to accept Deed Restrictions in lieu of rezoning to a residential zoning classification in the Town of Blooming Grove and Town of Burke under their respective cooperative plans. No City appropriation is required with the acceptance of the proposed Deed Restrictions.

Title
Authorizing the Acceptance of Deed Restrictions to Allow for Certain Residential Land Divisions in the Town of Burke and Town of Blooming Grove Under Their Respective Cooperative Plans

Body
WHEREAS, the Town of Blooming Grove ("Blooming Grove") and the City of Madison ("the City") entered into a cooperative plan entitled “Town of Blooming Grove and City of Madison Cooperative Plan” (the “Blooming Grove Plan”) dated April 20, 2006; and,

WHEREAS, Section 11.B.(1) of the Blooming Grove Plan states, in relevant part: “Any development in the Town shall be subject to approval by the City in accordance with City Development Requirements... The Town shall not grant any development approvals inconsistent with this paragraph.…”; and,

WHEREAS, Section 6.A. of the Blooming Grove Plan defines “development” in relevant part, as a "division of land, or construction of more than one principal structure on a parcel of land, or rezoning a parcel from a residential or agricultural classification to a non-residential classification”; and,

WHEREAS, Section 11.B.(3) of the Blooming Grove Plan also states: “The division of a five (5) acre or larger parcel (including parcels that are less than 5 acres because of a property acquisition by the City) existing as of February 18, 2005, into only two parcels for residential purposes shall not be considered “development” under this Plan, and the owners may divide and rezone the parcel ...