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HomeMy Public PortalAbout2005-061 Resolution Denying App. for Preliminary Plat for High Pointe Ridge by Mike LeuerMember Brinkman introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2005-61 RESOLUTION DENYING AN APPLICATION FOR PRELIMINARY PLAT FOR HIGH POINTE RIDGE SUBMITTED BY MIKE LEUER WHEREAS, Mike Leuer (the "Applicant") has submitted an application for preliminary plat approval for land proposed for subdivision as High Pointe Ridge, which property is legally described on Exhibit A attached hereto; and WHEREAS, on October 18, 2005, the city council of the city of Medina (the "City") adopted Ordinance No. 394, an interim ordinance establishing a moratorium on the subdivision of land in the rural residential areas of the community in order to allow the City an opportunity to review and revise its official controls as they apply to development in the rural areas; and WHEREAS, the moratorium established by the interim ordinance will be in place for six months and applies to all subdivision applications which have not yet received preliminary approval; and WHEREAS, the land proposed for subdivision as High Pointe Ridge is zoned Rural Residential and is within the portion of the community subject to the moratorium; and WHEREAS, the interim ordinance was published in the City's official newspaper on October 24, 2005, and the moratorium became effective on that date; and WHEREAS, High Pointe Ridge had not yet received preliminary approval at the time the moratorium became effective; and WHEREAS, the interim ordinance required that all subdivision applications which had not received preliminary approval at the time the moratorium became effective be withdrawn by the Applicant or be acted upon by the City in light of the moratorium; and WHEREAS, the Applicant has failed to withdraw the application for preliminary approval for High Pointe Ridge; and WHEREAS, Minn. Stat. § 462.358, Subd. 3b requires that all subdivision applications be preliminarily approved or disapproved within 120 days following receipt of a complete application; and WHEREAS, failure to act within said period of time results in the subdivision being deemed preliminarily approved; and Resolution No. 2005-61 November 1, 2005 WHEREAS, the 120-day deadline for action by the City on High Pointe Ridge expires on November 9, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that approval of the preliminary plat of High Pointe Ridge is hereby denied because it is in conflict with Ordinance No. 394, an interim ordinance establishing a moratorium on subdivisions within the rural residential areas of the community. Dated: November 1, 2005 Attest: Chad M. Adams, City Administrator -Clerk 4Bruce D. Workman, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Smith and upon vote being taken thereon, the following voted in favor thereof: Brinkman, Weir, Smith And the following voted against same: Workman, Cavanaugh Whereupon said resolution was declared duly passed and adopted. Resolution No. 2005-61 November I, 2005 2