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withdrawn by the Applicant or be acted upon by the City in light of the moratorium; and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
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