Family Search subdivision created on the sly?

Family Search subdivision created on the sly?

There has been a lot of news coverage recently regarding the proposed destruction of the Thanksgiving Point driving range and replace it with 2 massive commercial office buildings and enough room for nearly 800 cars.

But did you know how the new subdivision came about? 

Typically a new subdivision created in a city is discussed and approved by either a Planning Commission or the City Council. Other department heads may get involved and provide their input such as a Development Review Committee. 

In the case of the Family Search plat recorded with the County on July 9^th, 2015 at 3:36:01 pm, neither the Lehi City Council nor the Planning Commission had any idea that a new subdivision had being carved out of the Thanksgiving Point golf course on the driving range.  This 12 acre single lot subdivision was discussed on June 11^th from 4:20 – 5:15 pm by 8 members of the Lehi Development Review Committee.  Also in attendance was Sean Onyon from VCBO Architecture.  These 9 men discussed the proposed architectural plans for 2 massive office buildings which would require the destruction of the Thanksgiving Point driving range.  At this time there was no Family Search plat.  The creation of this plat would be necessary to carry out The Church’s plans to destroy green space and a driving range in order to build their massive office campus.

Here is where it gets interesting. 

In order for The Church to enact their plan, the driving range at Thanksgiving Point needed to be carved out and a subdivision created.  Typically, the City Council or the Planning Commission would get involved.  In this case, Todd Munger of the Public Works Department and Gary Smith, the Chief Building Official signed the documents June on behalf of the Legislative body of The City of Lehi creating the new Family Search Plat.

A survey of the land was conducted and signed by Chad A. Paulsen on July 7^th, 2015, a mere 2 days before the Family Search plat was recorded at the County.

But is the subdivision legal?  

According to Chapter 28 of the Lehi City Code for resort communities section 28.080, it states that the lots in a minor subdivision be divided by a metes and bounds document rather than a plat.  The City of Lehi recorded the Family Search subdivision as a plat and not by metes and bounds as required by the resort community code.  It also states that 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 subdivision documents, but only if the subdivision does not require the construction of any public improvements.  There has already been several statements made by Church and City officials that there may need to be improvements made to the current roads and bridge that would access the new office campus.  If they knew this in advance, shouldn’t the subdivision have been brought before the Planning Commission and City Council? 

Time Frame of events-

June 11, 2015 VCBO Architecture Requests Concept Plan review for Thanksgiving Point Office, two proposed office buildings at approximately Garden Drive and Desert Forest Lane in an existing Resort Community zone.

DRC Members Present:

Woody Berry, Kerry Evans, Lee Barnes, Kim Struthers,

Gary Smith, Mike Howell, Ross Dinsdale, Craig Barratt

Representatives of the Applicant Present:

Sean Onyon

Date of Plans Reviewed: 6/11/15

Time Start: 4:20 PM Time End: 5:15 PM

*Not present, Todd Munger – Public Works Director who signed off on the Family Search subdivision. 

I have asked the attorney for the city to verify the signature of Todd Munger on the Family Search recorded plat.  I have not yet received verification that Todd Munger indeed signed on behalf of the city council. I have also asked the city to present me with a document granting authority to Todd and Gary to sign on behalf of the city council.  Again, no response from the city.

June 17, 2015 Date of last review by DRC.  A record of the meeting is not available.

June 24, 2015 as recorded on the Family Search Plat document, Todd Munger and Gary Smith signed on behalf of the Legislative Body, City of Lehi to create the Family Search Plat.

*Todd Munger was never in a recorded meeting to discuss the Family Search plat, yet he signed the document along with Gary Smith (Chief Building Inspector) on behalf of the Legislative Branch of the City of Lehi.  The City Council, Mayor and Planning Commission had no recorded input as to the creation of the Family Search plat.

July 1, 2015 Letter sent to three residents of Thanksgiving Village to notify them of a proposed development in their vicinity. This was a courtesy notice sent to those homes that were within 300 feet of the proposed development.  The letter was dated July 1, 2015, mailed July 2, 2015 from VCBO Architecture, Salt Lake City, received July 7^th by one resident (Bill Conley).  The city notice was mailed VCBO Architecture, not by the City. The notice referenced a Lehi Planning Commission meeting to discuss the proposed concept development scheduled for July 9, 2015.

July 2, 2015 The Special Warranty Deed is signed by David Harkness, Beesmark Investments, LC, Manager on July 2, 2015 before Toni Fisher (Notary). 

Consideration of $10 is given by the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints, a Utah corporation sole, whose address is 50 North Temple, Salt Lake City, Utah 84150, Attn: Director, Special Projects (Grantee). It is noted in the Special Warranty Deed that the “Grantee (The Church) will maintain a family search and discovery center in the building located closest to the southern border of the property consisting of at least 6,000 square feet and that is open to the general public. Grantee will also maintain sufficient parking on the property to service such center.” Notice there is no mention of 2 x 120,000 square feet office buildings and parking for nearly 800 cars.

July 7, 2015 Chad A Poulsen signed that he had surveyed the property and recorded his findings on the Family Search plat.

July 7, 2015 David Harkness, Manager, Beesmark Investments, LC signs on behalf of Thanksgiving Point Development Corp, LC dedicating the property.

July 7, 2015 Bailee Jones a notary acknowledges the validity of the signature of David Harkness.  She works for Barlow and Mansfield, Attorneys in Salt Lake City.

July 9, 2015 The Family Search plat is created and recorded with Utah County at 3:36:01 pm.

July 9, 2015 A special warranty deed is recorded with Utah County at 4:09 pm, a mere 33 minutes after the Family Search plat is created with the Utah County.  Weren’t we told that The Church had purchased the property some time earlier than July 9^th when it was recorded with the County?

July 9, 2015 The Lehi Planning Commission meets and is met with over 75 angry Thanksgiving Point residents. The proposed concept development is tabled until further notice.

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Subdivision Ordinance section of the Utah League of Cities and Towns, Powers and Duties.

Typical creation of a subdivision by a city or town.

“The process to enact a subdivision ordinance is a two- step process. The Planning Commission is required to prepare and recommend proposed ordinances to the City Council. The Planning Commission must hold a public hearing on the proposed ordinance before making its final recommendation to the City Council. Notice of the public hearing must be mailed to each affected entity and posted in at least three public locations within the city or town or posted on the city or town’s official website at least ten calendar days before the public circulation and on the Utah Public Notice Website at least ten calendar days before the public hearing, or it can be mailed to each property owner whose land is directly affected and to each adjacent property owner if the city or town has adopted an ordinance to that effect.”

You will notice in the creation of the Family Search Plat, none of this happened.

One of the reasons this did not happen is that the subdivision was created in a resort community.

Lehi City Chapter 28, resort community requirement to create a subdivision, considered a minor subdivision, 10 lots or less.

“Subdivision review and approval may be granted by the Chief Building Official and Public Works Director if all of the following provisions apply:

The subdivision includes less than 10 lots.

The subdivision does not require the construction of any public improvements or the dedication of any public right away.

The Preliminary and Final plans shall submitted and reviewed simultaneously and the Chief Building Official and Public Works Director are designated by the City Council as officers having authority, on behalf of the City Council to approve and sign the final documents. The lots in the minor subdivision will be divided by 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 Family Search subdivision is recorded as a PLAT with Utah County, not metes and bounds as outlined by the resort community code. Numerous members of the Church of Jesus Christ of Latter-day Saints, Lehi city officials and even Todd Munger himself has said in a meeting with other members of the DRC committee in November 2015 that two stoplights were WARRANTED for the project. 

According to the code, Todd could ONLY sign off on the subdivision if the new subdivision DID NOT REQUIRE THE CONSTRUCTION OF ANY PUBLIC IMPROVEMENTS.

Todd could not and should not have signed off on the creation of the Family Search Plat, this subdivision has been created on the sly and the city has been caught trying to ram through a development project without anyone taking notice.