HomeMy WebLinkAboutA011 - Correspondence regarding approval of final plat 1
- Legal Department
515 Clark Avenue,P.O.Box 811
Caring People Ames,IA 50010
Quality Pmgrmns
ErcepfiondService Phone: 515-239-5146 • Fax: 515-239-5142
November 12, 2003
Mr. David Benson Mr. Larry R. Curtis
Nyemaster, Goode,Voigts, West, Singer,Pasley, Holm, Timmons,
Hansell & O'Brien Mathison& Curtis
1416 Buckeye 323 6`" Street, P.O. Box 664
Ames, Iowa 50010 Ames, Iowa 50010
Re: Proposed Plat, Grand Aspen Subdivision, 2nd Addition
Dear Dave and Larry:
This is to confirm my phone conversation with each of you on November 10,2003. The recorded land
lease by Scott Randall to Legacy Golf Associates, Inc., causes the golf course company to be a
"proprietor" of the leased land pursuant to Section 354.2(15) Code of Iowa. For that reason, it is
required by Section 354.11(1)Code of Iowa that Legacy Golf Associates,Inc.execute a consent to the
platting of Grand Aspen Subdivision 2nd Addition before the City Council can act on a requested
approval of a final plat.
Yours truly,
John R. Klaus
City Attorney
JRK:gmw
c: City Manager
rty Clerk
Planning Staff
'Memo
e
Legal Department
Carin;People Quali
Exceptional Service
gff-
r
o � I
TO: Eric Jensen, Planner I OCT 2 9 }:I?
FROM: John R. Klaus, City Attorney T� Cl1V CLER��
CITY OF AWES,IOWA
..
DATE: October 28, 2003
SUBJECT: Grand Aspen Subdivision, 2nd Addition
The proposed final plat called Grand Aspen Subdivision,2nd Addition encompasses the land that was
platted in May of 2001 as"Outlot A"in Grand Aspen Subdivision,plus an additional 3 8.8 8 acres lying
to the east of Grand Aspen Subdivision. The 38.88 acres to the east of Grand Aspen Subdivision was
not included in the preliminary plat for Grand Aspen Subdivision. There has been no subdivision platted
as Grand Aspen Subdivision, First Addition. There has been no preliminary plat approved for Grand
Aspen Second Addition.
The proposed plat of Grand Aspen Second Addition was initiated by a"pre-application conference"held
on June 7, 2002 to meet the requirement of Section 23.301 of the Municipal Code of Ames. You
informed the land owner by a letter of that date that as a result of the conference,the proposed platting
was classified as a Major Subdivision; and,you advised the land owner to proceed in accordance with
Section 23.302 of the Municipal Code of Ames. You stated further that an application for approval of
the"Preliminary Plat"for the proposed subdivision was required no later than September 5,2002. There
is no record that an application for preliminary plat approval was filed as required. You have informed
me that no application for a preliminary plat pertaining to Grand Aspen Subdivision 2nd Addition has
been made. For that reason, the proposed final plat cannot be approved under City subdivision
regulations.
An application for approval of a final plat is not to be forwarded by City staff to the City Council for
approval without a written report of a finding by the Department of Planning and Housing that the
proposed final plat conforms to the approved Preliminary Plat. (See Subsection 23.302(9)(c)). That
cannot be done,of course,if there is no approved Preliminary Plat. Other legal issues pertaining to this
matter will be addressed as they arise in the context of an application for approval of a Preliminary Plat.
JRK:gmw
c: Steve Schainker
La Curtis
ane Voss
e-
'T e
John R Klaus/COA To Steve Schainker/COA@COA, Diane R Voss/COA@COA,
10/21/2003 02:26 PM Ray D Anderson/COA@COA
cc
bcc
Subject Grand Aspen Subdivision,2d Addition
This is to confirm that I have received for legal review a proposed subdivision plat under the name of
Grand Aspen Subdivision, 2nd Addition. There are a half dozen or more legal issues associated with this
matter that I will address in a written report to you as soon as possible. I have noted that this proposed
plat was received by the City Planning Department on October 13. Therefore the City Council should act
to approve or disapprove the proposed plat on or before December 13 to assure compliance with the sixty
day rule stated in section 354.8 Code of Iowa. I will have my work done in time to conform to that
limitation.
---- - - - --- - - -- -