Needless traffic signal installed by the City of Lehi

A new stoplight at the intersection of Club House Drive and Executive Parkway popped up this past week.  Why?  There was a decision made by city officials that adding a stoplight at this intersection would help with traffic congestion.  Problem is.  There is NO congestion at that intersection, none whatsoever.  This was a needless expense on the part of the city. Oh wait, the City told us that the LDS Church was going to pay for this traffic light, I wonder if they did?  Did the city bill the LDS Church for the traffic light?  Did the LDS Church issue a purchase order to the city for a traffic light?I bet you the LDS Church did not pay for the traffic light as they agreed to. Want to make that wager?

Now traffic that flowed freely down Club House Drive will have to stop when the light is red whereas before they would have continued east towards the freely without stopping.  All those idiots that work at the city who do not live in this area have no idea what the hell they are doing.  This traffic light is solving absolutely nothing and now it is going to going to add additional traffic congestion, not solve a problem that did not exist. That is right, there was NO problem at that intersection.  What the hell were they thinking? Seriously, where is the Mayor, does he even have a clue what is going on and what decisions are being made by his inept employees?
Thanks for nothing.

Remember city officials that you agreed to red curb Garden Drive, all of Garden Drive, when are you going to do that?

I will be counting parking stalls when the NEW Worldwide Corporate Family Search HQ's opens, you better have 515.

You also said that there would need to be a traffic signal at the intersection of 2150 and 2300, when are you going to install that?

LDS Church creates a construction nightmare at Thanksgiving Point driving range

Thank you LDS Church, City of Lehi and Thanksgiving Point Development Corp

Thanks for all the construction, the cars lining the streets, the dirt, dust, noise and congestion.

Thanks for destroying Garden drive.

Thanks for having us ugliness of construction, the construction debris, the fencing that

keeps falling down.

Every day when I drive on Garden Drive I have to be careful not to hit the parked cars

on each side of the road, a worker who darts out between cars and cars coming from

the other direction who also are veering over the center line not to hit the cars parked on

the side of the road.

The dust in my house has grown exponentially due to the constant moving of dirt, thanks for that too.

Thanks for the garbage that blows throughout our neighborhoods.

I know NONE of you care because you don't live here, why would you care?  It does not impact your life. 

The lying, greedy LDS Church could give a rip about our neighborhoods.  The City officials in Lehi don't care much about anything, especially the land use laws of our city.

Speaking of that, when the HELL are you going to do something about the 10's of thousands of cars that have to wait at the intersection of Ashton Blvd and Club House Drive, do any of you have to wait and wait and wait during rush hour traffic?  This is by far the worst intersection in the city.  I have an idea, why don't you continue to add thousands upon thousands of new employees in the Thanksgiving Point area to that traffic can only get worse. Isn't it nice that you work downtown, so that you don't have to navigate this hell hole of an intersection.

It is proven beyond a shadow of a doubt that those that work at the city and are responsible for watching over the land use laws don't have a clue what they are doing. 

Just check out the parking at the outdoor food court (Smash Burger, Costa Vida.....). Ever try to park in that area at lunch or dinner, a total screw up on the part of city's part.

I will bet you right now that the new Family Search Corporate HQ and Stake Center will not have 515 parking stalls, rest assured, I will be counting. I will also see if the City red curbs Garden Drive, all of Garden Drive as required by Thanksgiving Point Development Corporation. 

I will be watching and counting to see how many employees get off TRAX and make their way to work at the NEW Worldwide Corporate HQ of Family Search.

I will be watching and counting to see how parking for 550 employees and Family Search visitors pack the parking lot beyond capacity during the day.  City officials have proved they have no clue how many parking stalls are actually required for a new business.

Thanks for nothing.

I hope you are going to repave Garden Drive when the buildings are complete.  The thousands of large trucks that come and go from this project have destroyed our once beautiful city street.  I will be watching.

All those involved in the decision to build this monstrosity in our neighborhood are disgusting.  Why don't you come down and live here for a while and see what we have to put up with during construction and see for yourself the nightmare you have created.

Our once pristine, beautiful driving range has turned into a hell hole of construction.  Do you care, of course not, BECAUSE YOU DON'T LIVE HERE AND HAVE TO DEAL WITH THIS NIGHTMARE.

Thanks to the City for breaking dozens of Land Use Codes and Laws so that this project could move forward.

Thanks to the greedy LDS Church who could give a rip about people, who only look after their own self interest and who don't give a dam how they destroy the culture of a residential neighborhood.

Thanks to Thanksgiving Point who had blessed this project by abandoning their Land Use Development Code in order for this project to move forward.

Thanks to all the LDS minions who bowed to the alter of the LDS Church like good little children as they looked the other way, allowed laws to be broken in order for this project to proceed.

Come on over and take a look.

There are houses for sale in our neighborhood, love this project, why don't you come and live here. 

There is not a single person whose hands touched this project and allowed it to proceed that don't disgust me.

Thanks, thanks for nothing.

The ugliest PGA caliber driving range in the world brought to you by the LDS Church just in time for the Web.com event

The ugliest PGA caliber driving range in the world brought to you by the LDS Church just in time for the Web.com event.

July 22, 2016, I snapped a few pictures of the new Thanksgiving Point golf course driving range, isn't it beautiful?  Lush green grass! I bet Thanksgiving Point and the LDS Church are proud of this eye soar.

Yesterday the average drive on the first day of the Web.com tournament was 337 yards.  This fine specimen of a driving range at its deepest point is 275 yards.  As you face the driving range, the left hand side is a whopping 100 yards. 

This driving range is a piece of you know what.

Best news for those of you wanting to play Thanksgiving Point golf course and want to drive a few balls before you go out is that you will have to drive your golf cart down city streets over a half a mile to get to the driving range.  Yes you will have to navigate city streets along with cars, trucks, semi's and other vehicles.  Over a half a mile to the driving range and over a half a mile back. Good job Thanksgiving Point, nice addition to your golf course. 

What a joke.

The church just had to have the driving range for their 123,000 square foot office building and an LDS Stake Center. 

F the golfers, screw them.

Here is what the current driving range looks like, isn't it beautiful.

Now here is what the old Thanksgiving Point driving range looks like today. This eye soar is only a few hundred feet from the club house, very nice LDS Church.

The new driving range is a joke and will be the laughing stock of the PGA tour thanks to the LDS Church. 

The LDS Church does not care about golfers, they only care about their needs.  The LDS Church does not care about those who live in the area.  Those that work for the City of Lehi are corrupt and what they have done to those who live in the area is criminal. 

The truth about the Family Search Plat must not be revealed, the story continues

I have asked the City of Lehi to follow their Land Use Development Code, word for word, exactly as it is written, do you think they could do that, the answer is a resounding

Wednesday, June 29th, I went before the Board of Adjustments (3 LDS Church Members) and presented my appeals (3) before the board, surprisingly, they voted against me on all three of my appeals, in other words I lost. 

I had requested that my appeals be heard on separate evenings and that I needed between 3-5 hours per appeal.  I was told that all my appeals would be heard in the same evening and that evening I was told I would have one hour to present my appeal.  In that hour, I was to present my appeal and then the City and the LDS Church would be given time in that hour to respond to my appeal.  In essence I had around 30 minutes to present my appeal. 

I had created an opening statement for my appeals but because of a lack of time, I did not have time to read my statement.  Below you will find a copy of that statement.  I did ask before the meeting on a number of occasions how much time I would have to present my appeal, I was NEVER told how much time I would have or how the evening would proceed.

Before I started my appeals I asked each of the three board members to publically announce their membership in the LDS Church.  One indicated he was offended that I would ask him to publically state he was a member of the LDS Church, another said he lived in the city of Lehi and the third remained silent. This is a violation of State Law as you will read below. 

Can you believe that when asked to publically state that they were members of the LDS Church that all three board members could not do so, unbelievable. 

Appeal hearing video

Warning it is relatively long, part where they won't announce their membership in the LDS Church starts at 8 minute mark of the video.

You know what else they couldn't do?  Follow local and state law and the Lehi Land Use Development Code.  The members of the Board of Adjustments did not do their job.  They did exactly what everyone else did for the LDS Church; pushed through a development that never should have seen the light of day.  In other words, they continued the pattern of NOT following the Lehi Land Use Development Code word for word, exactly as it is written, for if they had, they would of upheld my appeals and sent this development back to the drawing board. 

Here is my opening statement that I did not read due to lack of time.

Before I begin I want to discuss the following:

4. Ethics

10-9a-701

Brief summary – ANY PERSONAL INTEREST WHICH CREATES A CONFLICT WITH YOUR PUBLIC DUTIES MUST BE DISCLOSED IN OPEN MEETING AND SUBMITTED TO THE MUNICIPALITY ANNUALLY IN A DISCLOSURE FORM.

What is a conflict of interest?

One question which often arises is what constitutes a potential conflict of interest. It is generally considered that a potential conflict of interest is ANY direct and immediate interest or relationship, including financial interest, with persons or businesses regulated by or directly affected by decisions of the board, or persons or organizations which may present request or issues before the board.

Types of interest to be considered as potential conflicts of interest include relationships or interest with persons, business enterprises, or non- profit, professional, charitable, RELIGIOUS, social, educational, recreational, environmental, public service or civic organizations with which you are connected as a MEMBER, employee, officer, owner, director, trusted, partner, advisor or consultant.

The fairness doctrine REQUIRES you to abstain from voting on a matter on which you have a material conflict of interest.

Material conflict of interest

A conflict of interest is considered to be material if a reasonable disinterested person would take it into account in exercising judgement of making a decision. A material personal interest is a board members personal, professional or business interest or the personal, professional or business interest of individuals or groups with whom a board member is closed associated, that have, or appear to have, the capacity to influence the conduct of the staff member. (E.g. Membership in the LDS Church which the Board of Adjustment members would not publically announce)

Material personal interest may include:

Non-financial interest: those that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes; including membership in the LDS Church.

Other interest that may include a tendency toward favor, bias or prejudice resulting from personal involvement with any other person or groups and situations in which financial or other personal considerations may compromise or may have the appearance of compromising a board members professional judgment.

Appeal authority handbook states the following:

An Appeal Authority must know both know the law and possess the courage to follow it.

Have you studied both the State and Local laws regarding land use ordinances etc.? Are you familiar with both the state and local statues regarding ethics? 

Do you have the courage to follow the state and local laws or will your membership in the LDS Church disqualify you from being impartial and unbiased?  Are you a member of the LDS Church? Are you a temple recommend holder?

Have you read and studied the Lehi Land Use Development code, specifically chapters, 2, 8, 9, 11 12, 12-b, 28, 34, 37, 38 and 39? Do you know the code word for word, exactly as it is written? Are you willing to follow the law? If you don't know the code and aren't capable of following the law, then it is your duty and obligation to abstain from this appeal hearing.

Would any of you at this time choose to abstain from voting on any of the appeals I am presenting tonight?

Have you read and studied the material I provided to the City regarding all three of my appeals?

Remember……

“A court has no interest in making land use decisions for you; it is interested in making sure that you followed due process, obeyed the laws as written, and protected the rights of everyone involved.”

“The Appeal Authority’s decision MUST be based on the law as it is written in the land use ordinance.”

“The appeal authority must determine whether the decision of the land use authority was a correct interpretation and application of the law.”

Your job on these appeals is very limited in scope. You should ask:

1 Did the land use authority correctly interpret the factual situation?

2 Did the land use authority correctly apply the law as written?

3 Did the land use authority violate due process or any rule of procedure?

10-9a-706

Each appeal authority shall respect the due process rights of each of the participants.

The appeal authority may not ignore the law.

Your role is to determine if the facts were interpreted correctly and whether the law was correctly applied.

Here are some basic rules that apply if you have a Board of Adjustments.

Remember that you are not there representing a specific neighborhood, business or interest. Your responsibility is to protect the public good and apply the law which has been defined in the land use ordinances and state law.

You are subject to the same rules of ethics and procedures as elected officials.       

List of shalts for appeal authority member

Preview materials for cases and take field trips when appropriate.

Ask questions if you need to

Represent the good of the community rather than the good of the few.

Be knowledgeable and respectful of constitutional rights.

Become familiar with, and respect the laws of the country, the state, and the city in which you live

Treat others with dignity, regardless of how you may view their issue or point of view.

Make decisions based on the law, and good planning, rather than on public sentiment or pressure

The shalt nots are

Ignore the law

Have a closed mind to arguments or new ideas

Make up your mind before hearing all the available information

Represent a single point of view or base your vote on a single personal experience.

Use your position, or information given to you as a result of your position, to benefit yourself, friends, or family or the LDS Church.

Who sets the agenda and runs the appeal authority meetings?

The chair is in charge of all appeal authority meetings if it is in a board format. The authority should have written procedures that are reviewed and a chair who is elected by members of the appeal authority once a year.

One of your procedures should deal with how a meeting is called. A petitioner should meet with the clerk or recorder, or the land use staff, and fill out an application form. The chair is then notified and he sets the date of the meeting and everyone is notified.

The agenda is usually determined by the staff and the chair. It is the chair’s responsibility to make sure that the meeting is conducted in a fair, legal and efficient manner.

Here is a brief list of materials that should be made available to you.

Copy of your municipality’s land use zoning ordinance and subdivision ordinance

Copy of the UT State Code, sections Title 10, chapter 9a

Copy of the open meetings act, Title 52, chapter 04, U.C.A.

Copy of the municipal ethics requirements.

Established written procedures developed by the municipality.

Do you have all the required materials mentioned above and have you studied that material?

Notes:

Participation in decision making by so many persons who may be personally affected by the decisions presents the need for safeguards to assure that these decisions are being made in the public interest, not the personal financial interests of board members.

Persons making land use regulatory decisions have an obligation to act in the public interest.  Both constitutional and statutory provisions address the question of when a conflict exists between a decision maker’s personal interests and public obligations.

Due process requires an impartial decision-maker.

A fixed opinion that is not susceptible to change may well constitute impermissible bias, as will undisclosed ex parte communication or a close familial or business relationship with an applicant.

An impartial decision maker is required for quasi-judicial decisions. (The fact that the three Board of Adjustment members refused to acknowledge their membership in the LDS Church clearly demonstrates they were incapable of being impartial decision makers)

With quasi-judicial land use decisions the constitutional demand for impartiality extends beyond financial conflicts to include bias (an opinion on the case that is fixed and not susceptible to change), close or associational relationships, and undisclosed ex parte communications.

Providing that members of boards making quasi-judicial land use decisions shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision-maker. The statute provides that Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected party, or a financial interest in the outcome of the matter.

As a general rule, a member with a bias or conflict of interest makes that determination and recuses him or herself.  If the board making the decision is the governing board, the member generally requests that the entire board vote to approve the recusal.  For planning boards and boards of adjustment, the member may simply announce the recusal at the initiation of the matter.

Handbook for members of the State of Utah Boards and Commissions

Ethics act and conflicts of interest

This section provides information on ethics requirements and potential or actual conflicts of interest of members of boards.

Utah Code Annotated (UCA) Title 19.

Applicable law

By amendments in 1989 to the Utah Public Officers and Employees Act (Ethics Act), board members are now covered by it various provisions. The definition of Public Officer means all elected or appointed officers of the state who occupy policy making posts.

Conflicts of Interest

Discussion – Procedure

In the past, different approaches have been taken by various members of boards when they have had conflicts of interest.  These approaches have included:

Oral disclosure of the conflict before discussion and then participating in the discussion but not vote.

Oral disclosure of the conflict at the beginning of the discussion with no participation in discussion or the vote, or

Oral disclosure of the conflict and physically withdrawing from the meeting when an action is being discussed and voted upon.

What is a conflict of interest?

One question which often arises is what constitutes a potential conflict of interest. It is generally considered that a potential conflict of interest is ANY direct and immediate interest or relationship, including financial interest, with persons or businesses regulated by or directly affected by decisions of the board, or persons or organizations which may present request or issues before the board.

Types of interest to be considered as potential conflicts of interest include relationships or interest with persons, business enterprises, or non- profit, professional, charitable, RELIGIOUS, social, educational, recreational, environmental, public service or civic organizations.

·         Chapter 13 Appealing Land Use Decisions

·         What is the issue.?

·          

·         Simply put, the issue is whether the interpretation of the ordinance

·         that is being appealed was “correct,” or the ordinance was

·         otherwise appropriately applied. The appeals authority must simply review the

·         plain language of the ordinance to determine what it means and

·         how it should be applied and support that conclusion by substantial

·         evidence on the record. The official that previously interpreted the ordinance had a reasonable basis for coming to said conclusion, but the body hearing

·         the appeal comes to the same conclusion based on its independent

·         review of all the information available to it.

·         “The Appeal Authority’s decision MUST be based on the law as it is written in the land use ordinance.” 

·         "Your job on these appeals is very limited in scope. You should ask:

·         1 Did the land use authority correctly interpret the factual situation?

·         2 Did the land use authority correctly apply the law as written?

·         3 Did the land use authority violate due process or any rule of procedure?"

·         "Remember that you are not there representing a specific neighborhood, business or interest. Your responsibility is to protect the public good and apply the law which has been defined in the land use ordinances and state law."

Section 28.060  Procedures for Establishment of Resort Community Zone. (Amended 07/28/09) A. General Plan Amendment. 

D. Effect of Area Plan Approval.  If a proposed Area Plan is adopted by the City pursuant to Chapter 15 of this Code, all permits, licenses and development must comply with the adopted Area Plan.  Additionally, developers and builders must comply with the Lehi City General Plan, the Lehi City Development Code, and all other codes and ordinances of the City

Section 34.010. Enforcement - Procedures and Duties. (Amended 02/06/08; 08/28/12) This Code may be enforced by the City by any appropriate means authorized by State law and Lehi City ordinances including, but not limited to, injunctive relief, fines, withholding of building permits, imprisonment, and revocation of development approvals, permits and licenses. 

B. No building permit shall be issued for the construction of any building or structure located on a lot subdivided or sold in violation of the provisions of this Code.

Section 34.040. Reconsideration/Revocation of Approvals, Permits and Licenses. An approved development application, permit or license may be reconsidered and revoked by the Zoning Administrator, the Development Review Committee, the Planning Commission, the Board of Adjustment, or City Council in accordance with the procedures set forth in this Section if it is determined that the application, decision, permit, or license was based on materially inaccurate or incomplete information.  

C. Required Findings.  The approving body may revoke the development approval, permit or license upon making one or more of the following findings: 

1. That the development permit was issued on the basis of erroneous or misleading information or misrepresentation provided by the applicant. 

2. That the terms or conditions of approval of the permit relating to establishment or operation of the use, building or structure have been violated or that other laws or regulations of the City, County, State, Federal or Regional Agencies applicable to the development have been violated.

The word Shall

Kim Struthers from the Planning Department said the following at a planning commission meeting where the conditional use permit for the Thanksgiving Village LDS Stake Center was approved.

 “big difference between the words should and shall,  I am sure you are all familiar with code language, should is a discretionary, it is a recommendation,  shall means you have to”

CONSTRUCTION AND DEFINITIONS

C. Shall, May, Should. The word “shall” is mandatory. The words “may” and “should” are permissive.

USLegal.com defines the word ‘Shall’ has the following meanings:

• An imperative command; has a duty to or is required to.

·         The following are some case law interpreting the word shall:

·         When used in statutes, contracts, or the like, the word "shall" is imperative or mandatory.[Independent School Dist. v. Independent School Dist., 170 N.W.2d 433, 440 (Minn. 1969)]

·         "In common, or ordinary parlance, and in its ordinary signification, the term 'shall' is a word of command, and one which has always, or which must be given a compulsory meaning; as denoting obligation. It has a peremptory meaning, and it is imperative or mandatory.  etc.

·         [People v. O'Rourke, 124 Cal. App. 752, 759 (Cal. App. 1932)]

FACTS ARE IN, IT'S OFFICIAL - The Family Search Plat was created ILLEGALLY by the LDS Church and Staff at the City of Lehi, UT

The fact is the Family Search Plat was created illegally by the LDS Church and the Staff at the City of Lehi. The Staff at the City of Lehi believe (opinion) they followed the Lehi Land Use Development Code when they created the Family Search Plat, truth is, they did not! The facts obliterate their opinion and that is all they have, an opinion, unsupported by the facts.

The Facts are in and now it is official, the Family Search Plat was created illegally by the LDS Church and the staff at the City of Lehi Utah. Any development on the Family Search Plat will be done illegally as well since the plat itself is illegal!

The case is closed, the plat is absolutely illegal and the staff at the City of Lehi DID NOT follow the Land Use Development Code as required and created the Family Search Plat by breaking its own laws and ordinances. Problem is they don't see it that way. Problem with the staff at the city of Lehi, they have blinders on and everything having to do with this the Family Search Plat, the reviews and approvals is being done by breaking the law and ordinances the city has created to protect the citizens health, safety and welfare. Staff at the City of Lehi are so arrogant that they believe (their opinion, not fact) they have done NO wrong.  Read the following and see if you believe the LDS Church and the Staff at the City of Lehi have followed the laws and ordinances in the Lehi City Land Use Development Code, word for word, exactly as it is written. Not following the Code word for word, exactly as it is written means you are breaking the law and that is exactly what is being done by Staff at the City and the LDS Church.

Let’s take a look at Chapter 28 of the Lehi City Code governing resort communities and break it down word for word to see how the Family Search Plat created by the LDS Church is illegal.

To begin with, let’s review section 28.080, Development Approvals and Permits. The code reads as follows:

Following the establishment of a Resort Community Zone, and approval and adoption of an Area Plan by the City Council, the applicant (LDS Church) may prepare and submit application(s) for development approval including subdivision (3 approval's seen below)

Application for Concept Review

Application for Preliminary Subdivision Plat Approval

Application for Final Subdivision Plat Approval

Optional? Not Sure. Use2 instead of the first application (preliminary plat approval).

 and site plan approval

Application for Site Plan Approval

 pursuant to Chapter 11, Application Requirements, of this Code with the exceptions to the review and approval procedures as noted below.  Note: Review and approval, you still need to produce the completed applications shown above.

 The Applicant MUST make a COMPLETE submittal according to the requirements specified in Chapter 11 and the City’s current application form(s) prior to there view of any development request by the City. Note: It is my assertion that the LDS Church DID NOT submit any of the applications shown above.  I have requested a copy of the application and the required document submittals with the application from the City of Lehi, to date, they have not produced these and it is my understanding that these required applications do not exist because they were NEVER submitted to the city as required. 

The City recognizes the importance of timely reviews

when dealing with large scale resort projects. In order

to facilitate and expedite the review process, the following

review provisions shall apply to site plan and subdivision

applications within the Resort Community Zone:

A. Expedited Subdivision Review Process.

1. Minor subdivisions. Subdivision review and

approval MAY be granted by the Chief Building Official

and Public Works Director if ALL of the following

provisions apply:

(a) The subdivision includes less than ten(10) lots.

(b) The subdivision does not require the construction of ANY public improvements or the dedication of any public right of way.

The Preliminary and Final Plans shall be submitted and reviewed simultaneously,

and

the Chief Building Official and Public Works Director

are designated by the City Council as the officers having

authority, on behalf of the City Council, to approve and sign the final Document(s).

The lots in a minor subdivision will be divided by a metes and bounds document rather than a plat.

The Chief Building Official or the Public Works Director

MAY request input from the DRC, Planning Commission,

City Council or other City staff as deemed necessary.

The requirement for a public hearing and noticing shall be waived for all minor subdivisions. 

2. All other subdivisions shall require the City’s standard procedures for review and approval of a subdivision plat.

B. Expedited Site Plan Review Process.

1. Site Plans with a total valuation, including building and all associated site improvements, less than 10,000,000 dollars shall require review and approval by the Chief Building Official and Public Works Director. The Chief Building Official or the Public Works Director may request input from the DRC, Planning Commission, City Council or other City staff as deemed necessary.

2. Site Plans with a total valuation, including building and all associated improvements, greater than 10,000,000 dollars shall follow the City’s standard procedures for review and approval of a site plan including approval by the Planning Commission, following a review by the DRC.

C. Subdivision and Site Plan submittals which QUALIFY for review and approval by the Chief Building Official and Public Works Director should be reviewed within one week of the date a COMPLETE submittal is filed with the City, and in no case shall the time to review the submittal exceed two (2) weeks.

That is what the code said, now let’s break it down to see if the LDS Church and the City of Lehi Development Review Committee and Planning Commission followed the code word for word exactly as it is written.

In this post we will only be looking at the creation of the Family Search Plat and not the site approval for the Family Search Commercial office building or LDS Stake Center.

So what do they need to follow?

“the applicant may prepare and submit application(s) for development approval including subdivision and site plan approval pursuant to Chapter 11, Application requirements”.

If, they are going to submit applications for development including a subdivision they need to follow Chapter 11 application requirements.

Violation 1

What does Chapter 11 say about application requirements?

I won’t get into detail here, just the basics.

They need to file and application for Concept Review.

They need to file an Application for Preliminary Subdivision Plat Approval.

They need to file for Final Subdivision Plat Approval.
(Photo's shown above)

I have requested the city provide me copies of these applications as required by the LDS Church.  To Date, I have not been provided the application (s) for  Preliminary Plat Approval or Final Subdivision Plat Approval.  I don’t believe these exist.

I did receive a copy of an application for Concept review, dated June 11, 2015. In that application, there are 21 lines items requiring the submission from the LDS Church of critical and important documents.  They checked off that with the application, they had submitted documents for only 4 of the 21 line items.  It should be noted that the LDS Church did not own the Family Search Plat at that time.  The Family Search Plat was recorded nearly 1 month later at Utah County.  So why was the LDS Church preparing a application for Concept review on June 11, 2015 mentioning them as the owner of the property when they did not own the property until July 9, 2015? Can you see how the fix was in for the creation of the Family Search Plat? The LDS Church through their architect VCBO produced this application for concept review as though they were the owners of the property when they were not!

Application for Concept Review June 11, 2015

 All 21 line items need to be checked off, not 4 and it mentions that the information required with the application submission was a bare minimum and more information could be required going forth.

No Preliminary Subdivision Plat, no Final Plat and incomplete Concept Review application (s). This project was not ready to be reviewed by DRC, yet it was and went before the planning commission and they approved the project. This is devastating. The City of Lehi approved and allowed the creation of a subdivision in the dead of the night without all the required paperwork.

Violation 2

The code says:

“The Applicant must make a complete submittal according to the requirements specified in Chapter 11 and the City’s current application form(s) prior to the review of any development request by the City.”

The LDS Church DID NOT make a complete submittal according to the requirements in Chapter 11 on the City’s current application form (s), yet the DRC did review the totally incomplete and missing applications and the planning commission approved the project, despite not providing the city with a complete application submittal.

Violation 3

Let’s take a look at this wording first under the heading, 

A. Expedited Subdivision Review Process.

“The Preliminary and Final Plans shall be submitted and reviewed simultaneously.”

The preliminary and Final Plans were not submitted and reviewed simultaneously. 

I have requested from the City a copy of the Preliminary and Final plans and thus far the City has refused to give these to me. Probably because (1) they do not exist and (2) they cannot prove they were submitted at the same time and reviewed simultaneously as required by the code.

I am pulling my hair out, this is driving me crazy. The corruption at the City of Lehi and at the LDS Church is truly unbelievable. 

Violation 4

It goes on to say

“and the Chief Building Official and Public Works Director are designated by the City Council as the officers having authority, on behalf of the City Council, to approve and sign the final Document(s).”

I have requested from the city any document, any meeting, any minutes to a meeting, any city council meeting or minutes relating to the Chief Building Official and Public Works Director as having been designated by the City Council as the Officers having Authority, on behalf of the City Council, to approve and sign the final document(s).

To date the City has refused to provide me any document that demonstrates that the CBO and PWD have been designated by the City Council as having the authority to sign off on their behalf.  The PWD and CBO do not have the authority unless it has been granted to them. In this case the city has not demonstrated that the PWD and CBO have the authority to sign off on final documents. They ONLY have the authority if they have been granted the authority and they have not been granted that authority.

Let’s look at this a little closer:

The code says,

A. Expedited Subdivision Review Process.

1. Minor subdivisions. Subdivision review and approval MAY be granted by the Chief Building Official and Public Works Director if ALL of the following provisions apply:

(a) The subdivision includes less than ten (10) lots.

(b) The subdivision does not require the construction of any public improvements or the dedication of any public right of way.

The Preliminary and Final Plans shall be submitted and reviewed simultaneously, 

and

the Chief Building Official and Public Works Director are designated by the City Council as the officers having authority, on behalf of the City Council, to approve

and sign the final Document(s).

In the code it uses the word MAY and ALL, may be granted by the CBO and PWD if ALL…. (it goes on to say) the following provisions shall apply: and the CBO and PWD are designated by the City Council.

The CBO and PWD must be designated by the City Council as having the authority to sign off on their behalf. They are not granted that authority unless the City Council has given them that authority and as of today, the City has not given me proof that the City Council has granted that authority to the PWD and CBO to sign off on their behalf the creation of a minor subdivision.

Violation 5

The code reads as follows:

A. Expedited Subdivision Review Process.

1. Minor subdivisions. Subdivision review and approval MAY be granted by the Chief Building Official and Public Works Director if ALL of the following provisions apply:

(a) The subdivision includes less than ten (10) lots.

(b) The subdivision does not require the construction

of ANY public improvements or the dedication of any public right of way.

Subdivision review MAY be granted by the CBO and PWD if

ALL

Of the following provisions apply:

Less than 10 lots, yes, single lot subdivision.

Does not require the construction of ANY public improvements.

Key word – ANY.

What does the word ANY mean?

Any, used to refer to one or some of a thing or number of things, no matter how much or many.

Two improvements come immediately to mind:

First in multiple DRC meetings a member from the Power division of the city indicated the following:

“Under current conditions the circuits feeding the proposed area have NO available capacity. Until further review and system improvements are designed and or in place we are unable to serve the project.”

I believe that would count as the construction of a public improvement.

This is what Todd Munger said (PWD) in a DRC meeting:

“Two traffic signals are warranted for this project as per the traffic study.”

I believe a traffic signal would count as the construction of a public improvement.

Throughout the DRC notes, the construction of public improvements can be read.

So, since there is the requirement of the construction of public improvements, the CBO and PWD did not have the authority to sign off on the creation of the Family Search Plat.

Violation 6

The code goes on to say:

“The lots in a minor subdivision will be divided by a metes and bounds document rather than a plat.“

Well the Family Search Plat is recorded at UT County as a Plat and not by metes and bounds as required by provision of the code.

City doesn’t care. A very clear violation of the code. There response to me when I have brought this up to them; plat, metes and bounds, what is the difference, in fact we say a plat is better.  Well it does not matter what you think, the code says the minor subdivision will be divided by a metes and bounds document rather than a plat and it is recorded as a plat and not by metes and bounds.

Violation 7?

The code goes on to say:

“The Chief Building Official or the Public Works Director MAY request input from the DRC, Planning Commission, City Council or other City staff as deemed necessary.”

I believe it is worth noting that Todd Munger (PWD) was not in a single recorded meeting prior to signing off on the creation of the Family Search Plat and Gary Smith (CBO) was at one of two DRC meetings and did not have a comment.  These two men signed off on the creation of the Family Search Plat without having the proper authority granted to them by the City Council. They certainly did not seek any input from the planning commission or city council and probably did not even have a single conversation with staff prior to signing off on the creation of the Family Search Plat.  They also did not review the applications for the creation of a subdivision preliminary and final subdivsion plat approval because as of to date, in the information I have requested from the city, these applications were not submitted to the city. 

Violation 8

The code goes on to say:

“2. Site Plans with a total valuation, including building and all associated improvements, greater than 10,000,000 dollars shall follow the City’s standard procedures for review and approval of a site plan including approval by the Planning Commission, following a review by the DRC.”

I know I said I was only going to address the creation of the Family Search Plat but I could not resist.

The Planning Commission did approve the site plan application for the LDS Church, BUT, did the LDS Church provide the City with a Site Plan application?  I have requested a copy of that application and to date the City has refused to give me a copy of the application. The question remains, did the LDS Church provide the City with the required Site Plan application? And, if they did, was it 100% complete?

I can almost assure you, if they did provide the City with the Site Plan application, it was not complete.

There is NO way the City should have allowed the creation of the Family Search Plat. Rules and regulations were not followed and the LDS Church DID NOT provide the City all the documents as required.  The City pushed the creation of the Subdivision through by not adhering to its own code. 

The Family Search Subdivision in my opinion is ILLEGAL and if the LDS Church was honest, they would stop construction on the Family Search Plat and go back and create the Family Search Plat as required by Lehi City Code and the City should stop all construction on the Family Search  Plat until the LDS Church comes into compliance. 

Violation 9

The code goes on to say;  

2. Site Plans with a total valuation, including building and all associated improvements, greater than 10,000,000 dollars shall follow the City’s standard procedures for review and approval of a site plan including approval by the Planning Commission, following a review by the DRC. 

So what is the City's standard procedure for the review and approval of a site plan?

Let's go back to Chapter 11.

The first thing you need the LDS Church needed to do is put in an application for concept plan approval.  The LDS Church went before the planning commission on December 10, 2015 to seek approval for the Thanksgiving Point Office building. The Planning Commission did approve the concept plan as put forth by the LDS Church.  Big Problem.  The LDS Church did not submit a concept plan approval application with the City. 

So why did the planning commission approve this concept  plan without a concept plan approval application?

Are you getting the trend here?

The City is pushing forth this development by NOT following its own development code!!!!!!  

So in reality, every thing else regarding the procedure for review and approval of a site plan is moot if the LDS Church did not submit an application for concept plan approval. 

Had they gone through the review and approval process of a concept plan, then they could submit and application for site plan approval, which they did not do.

No review or approval of either a concept plan or site plan. 

This is a clear violation of the code.  

So what is the city's standard procedure for review and approval  of a site plan?  I will cover that in a latter blog post. 

I would ask the planning commission, why they would approve a site plan application when an application had not been submitted to the city?

Violation 10 

The code goes on to say;

C. Subdivision and Site Plan submittals which QUALIFY for review and approval by the Chief Building Official and Public Works Director should be reviewed within one week of the date a COMPLETE submittal is filed with the City, and in no case shall the time to review the submittal exceed two (2) weeks.

I think I have beaten this issue to death, but, here it is again; the CBO and PWD should be reveiwed within one week of the date a 

Complete

submittal is filed with the city.

The LDS Church Family Search Plat subdivsion DID NOT QUALIFY for review and approval, why, because not only was there not a complete submittal, there was no submittal of the required applications by the LDS Church. 

NO PRELIMINARY PLAT APPLICATION

NO FINAL PLAT APPLICATION

NO SITE PLAN CONCEPT REVIEW APPLICATION

NO SITE PLAN APPROVAL APPLICATION

NO APPLICATIONS, NO PROBLEM FOR THE LDS CHURCH, FORTURNATELY FOR THEM, THEIR MINIONS AT THE CITY OF LEHI DIDN'T SEEM TO HAVE A PROBLEM APPROVING THE CREATION OF THE FAMILY SEARCH PLAT.

Now, you and I, well, that would be a different story, or is it?  Is the city of Lehi approving subdivision's without all the required review and approval processes?  Is there a pattern of  not following the Lehi City Land Development Use Code? Maybe it is time for a full audit of the City's review and approval of ALL the subdivisions created in the past 5 years.  

That did not stop the PWD and CBO from signing off on the creation of the Family Search Plat. 

Nothing stopped the city from signing off on the creation of the Family Search Plat. 

Yet, the Family Search Plat was born!!!!   

      

Violation 11

Ethically the City of Lehi has a big time problem. The City have members of the LDS Church approving and advancing a building project on the Thanksgiving Point Driving Range on a Plat that should not exist.

City employees and those appointed to planning commission have pushed through this project despite it not meeting ALL the requirements in the Lehi City Land Use Development Code.

Members of the LDS Church should not be approving projects for the LDS Church without properly acknowledging their membership in the LDS Church at ALL public meetings.  This is a major personal conflict of interest that the City could care less about.  I have sent the City numerous notices dating back to August 2015 warning them that those who work for the city or serve the city in any capacity must acknowledge their potential personal conflict of interest by being a member of the LDS Church and reviewing a project for the LDS Church. As I said, City Officials could care less about this personal conflict of issue and have purposefully ignored my warnings. 

(This is my opinion ONLY and does not represent ANY legal finding or conclusion.  The case of the Family Search  Plat being illegal has not been tried in the courts, YET!)