I send email after email to the City and for the most part my emails go unanswered. Occasionally I get a response, but, I have yet had anyone from the City acknowledge that they could do more to enforce the code in Chapter 28 EXACTLY as it is written.
Read on.......
From: billhytek@hotmail.com
To: rranc@lehi-ut.gov
Subject: RE: Legislative Body Question
Date: Thu, 23 Jul 2015 13:05:23 -0600
RobertTo: rranc@lehi-ut.gov
Subject: RE: Legislative Body Question
Date: Thu, 23 Jul 2015 13:05:23 -0600
Here are a couple of other questions I have for the City Manager, Attorney, City Council and Mayor.
Chapter 28. Section 07.050 Public support REQUIREMENTS
Read this section very carefully, note the word SHALL THEREFORE. This has not happened and is required, what is the CITY doing about this, why aren't they or why haven't they demanded this from the resort community land owners? I suggest no further development take place until section 07.050 is in compliance. In my opinion, the CITY has overlooked this issue of the code. If you are going to overlook this issue of the code, is it possible you can overlook other issues of the code or not enforce other issues in the code or ignore them or look at them in a matter that is consistent with the outcome you desire?
Section 28.010
C. Capture previously unreachable tax revenue by providing and incentive and attraction for business owners and retail operators FROM OUTSIDE THE STATE to locate in the new destination community of Lehi City. Correct me if I am wrong, but isn't FamilySearch a Utah based company. Please know that if you don't enforce the entire Chapter 28 code document, you may not be able to enforce any of it. You can't pick and choose what you want. The code is the code, you MUST follow it to the letter of the law (code).
D. "maintaining a HARMONIOUS RELATIONSHIP, AND WHILE PROTECTING THE HEALTH, SAFETY, AND LONG TERM WELFARE OF THE COMMUNITY." There are so many issues surrounding this that an entire book could be written and probably will when it comes to discovery and depositions. Everyone who lives, works, plays and visits the Thanksgiving Point area knows of the concerns of health, safety and welfare. If you allow this to go forward, you cannot in good conscious say that there is not a single health, safety or welfare concern and you are put on notice that the first time any child is injured in any way, the city may be held liable. I as a taxpayer do not want the City on the hook for potential lawsuits and payouts because someone decided they wanted two large office buildings on a DRIVING RANGE. Watch out for this provision, this will probably come back to haunt the City.
E. ENHANCE LOCAL PROPERTY VALUES. I would like to remind you that in order for you to ignore this provision of the code, the residents of all the neighborhoods will want some type of written legal assurance that our property values WILL INCREASE. If are property values decrease, what is our remedy with the City, are you on the hook? I will suggest everyone get an appraisal of their property and hold that for future use. The property value of one home that went through a sale just last week was DECREASED because of the pending concept plan put forth by the Church. The purchaser used the proposed concept plan as leverage to lower their original offer. Here we see evidence that property values may and more than likely decrease in value, not increase as specified in the code. You can't just ignore this, this MUST be visited in your meetings, discussed and you MUST make a determination that the property values will be enhanced. Are you willing to guarantee that by your vote? Who do we hold liable and accountable for the decrease in property values? Please be prepared to explain your position in writing and justify your position that our property values will be enhanced. To date, just with the discussion of the concept plans, property values went down!
F. Support public service entities such as the Police and Fire Department by DEDICATING land or utilizing certain space within the Resort Community Zone at no cost to the City. Has this happened, is there a plan for this to happen, when will this happen and how, by whom. This to my knowledge has not happened and until it does, I recommend you not allow any further development until the resort community is brought into compliance. You can't simply ignore the provisions of the code you do not like and enforce other provisions that are in your best interest. The code is written to protect the developer as well as the citizens of Lehi, one is not exclusive of the other. Who enforces the code and why haven't they enforced these provisions? I believe building and development of the entire resort community be curtailed until the code is enforced to the letter of the law.
When did the city council adopt/approve the Resort Community designation in the Thanksgiving Point area. Please provide me with specific dates of review, public notice, hearing, planning commission review, hearing, City council review, hearing.
Section 28.030 section B
I would like to know the current mix of non resort commercial, business part and resort residential use (exactly) today and with projects that anywhere in the works. Lets make sure we have not exceeded any of the limitations as they are set forth. We need and want to know the exact acreage of the current mix and the exact acreage with ALL development plans currently under construction as well as those that are in some sort the development process. This is a critical calculation and one that must be made before any further development happens in the resort community.
Thank you, that is it for now. Please be reminded, you can't pick and choose areas of the code to enforce and not enforce others. The City is obligated and liable to protect the health, safety and welfare of its citizens and adhere to the code as it is written. I will be sending you further review of the code and show you where the city may be out of line.
Bill Conley
No comments:
Post a Comment