Sunday, December 13, 2015

Email to Lehi City Planning Commission dated July 18th, 2015 talking about their right to reject a proposed land development and reminding them of the their responsibility to look after the health, welfare and safety of the residents of Lehi

Here are the e-mail addresses for the Planning Commission

Janys Hutchings: janyshq@gmail.com
Paige Albrecht: paige@pageforlehi.com
Donna Barnes: mdbarnes@earthlink.net
Jared Peterson: jaredpeterson20@gmail.com
Matthew Hemmert: mwhemmert@gmail.com

Date July 18, 2015

To:  Lehi Planning Commission Members

From:  Bill Conley

Subject: Thanksgiving Point Driving Range/Sale of property to the LDS Church/Concept plan proposed by the LDS Church.

I have had an opportunity to read two different handbooks this past week.

The first is titled, “Handbook for Planning Commissioners and Land Use Authorities”.

The second is “Utah League of Cities and Towns, Powers and Duties, a handbook for Utah Municipal Officials”.

Both were put out by the Utah League of Cities and Towns.

As you are abundantly aware, there are many Lehi residents who oppose the development of the Thanksgiving Driving Range by the LDS Church.

Reading through the two publications, I would like to point out just a couple of items I read that might be a factor in your decision to approve or disapprove of the LDS Church decision to build 2 x 120,000 square feet office buildings on the driving range site.

This is by no means a comprehensive list of thoughts I and many others have. It is meant to bring your attention to what is written and hopefully will shed some light on your duty and responsibility when it comes to making a decision.

First let me begin by saying that you may deny an application “If certain SPECIAL CONDITIONS exist, the city may still be able to deny an application. The special conditions are that the city or town (residents of the City of Lehi), on the record finds that a COMPELLING, COUNTERVAILING PUBLIC INTEREST would be jeopardized by approving the application.”

So, just because the law states, “that any applicant is entitled to approval of his application if it “CONFORMS”, to the local ordinance”.  Does not mean you have to approve the application. Yes, State law dictates you approve an application if it conforms, but it gives you latitude to deny the application if there is a finding that a compelling, countervailing public interest would be jeopardized by approving the application. 
I will site two (there may be dozens) of what might be considered compelling, countervailing public interest.

First is traffic.  It is a well-known that there are numerous problems in and around Lehi regarding traffic and it is well-known that the Thanksgiving Point area is already reaching its maximum capacity. I believe a proper study of the traffic congestion in and around the Thanksgiving Point area, Hwy 92 and SR2100 and I15 will show that Lehi is already in the danger zone when it comes to traffic congestion. This is before we add additional dozen or more office buildings and add thousands of new employees and cars on the already overburdened roads.

Secondly, the health, safety and welfare of Lehi citizens will, and in my estimation, are already be put in jeopardy as more and more commercial developments take place in and around the Thanksgiving Point area, SR2100 and on Hwy 92 headed east towards Micron.  There has been considerable notice given to the City regarding the safely of the children who attend North Point Elementary.  As you continue to approve project after project in the Thanksgiving Point area and traffic along residential neighborhoods, the safety of the children must be taken into consideration.  It won’t be long before a child gets hit by a car rushing down Garden Drive which becomes N 2350 W which connects with W 2150 N and ultimately N 2300 W.  There are dozens of homes that line Garden Drive, N 2350 W and W 2150 N.  There is not one parent that thinks this intersection as it sits today is safe.  By adding, potentially an additional several thousands of cars a day driving these residential neighborhoods, you increase the chance that a child will be struck by a car and end up dead. 

This area is already a safety concern. Adding more traffic will only exacerbate the problem.

The second point I would like to bring your attention to is the language used in the manual put out by the Utah League of Cities and Towns, the section titled, Basic Legal Issues for Land Use Control. Paragraph one begins, “The purposes of this chapter are to provide for the HEALTH, SAFETY (there is that word again) and WELFARE” of its citizens.  I know you are keenly aware of this terminology.  I don’t think I have to remind you, but I will, the citizens of Lehi are concerned with safety in regards to the ever increasing traffic.  Air, noise and light pollution is a health concern and the welfare of many of the citizens of Lehi will be impacted by certain developments that allowed to be built.  

I will end this letter here. I just wanted to mainly point out two things.  First you can deny an application if the record finds that a compelling countervailing public interest would be jeopardized and secondly, one of your main responsibilities is to protect the safety, health and welfare of the citizens of Lehi.

Thank you


Bill Conley

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