Why is the word ADJACENT so important as used in Section 28.070 Development Standards?
First let's take a look at the context surrounding the word adjacent in Section 28.070.
Where a Resort Community Zone proposes a mix of
recreational and commercial or business park uses, the
following development standards shall apply in addition
to any other commercial development standards contained
in this Code or the Design Standards and Public
Improvement Specifications manual:
A. Building Design. The proposed structures shall
be complimentary to the surrounding architecture in
terms of scale, massing, roof shape, and exterior materials.
Buildings should not create large bulky masses,
but should be scaled down into groupings of smaller
attached structures. Buildings adjacent to single family
detached units should be limited to 2 stories or 35 feet.
The law will show that the LDS Church cannot develop a building higher than 35 feet or two stories. The LDS Church's proposed plans to construct a 4 story office building is .......
NOT COMPLIMENTARY TO THE SURROUNDING ARCHITECTURE IN TERMS OF
SCALE
MASSING
ROOF SHAPE AND and
EXTERIOR MATERIALS
and is....
ADJACENT TO SINGLE FAMILY DETACHED UNITS
and therefore
SHOULD BE LIMITED TO 2 STORIES OR 35 FEET
and be
COMPLIMENTARY TO THE SURROUNDING ARCHITECTURE IN TERMS OF
SCALE
MASSING
ROOF SHAPE AND and
EXTERIOR MATERIALS
Not only are the single family homes adjacent to the proposed development, the property line of the proposed development and the property line of the Thanksgiving Point single family residents are connected, they share a common property line, like neighbors.
The LDS Church and the single family residents of Thanksgiving Village will be neighbors. Just as you and your neighbors property lines live side by side, so does the property line of the proposed LDS Church development and the single family residents of Thanksgiving Village.
Why is that?
The LDS Church Family Search Plats southern border, borders Thanksgiving Villages northern border. The two borders lie side by side.
Along with that.....
Desert Forest Lane is OWNED by the residents of Thanksgiving Village thus the proposed development and the residents of Thanksgiving Village have a common border. I live in Thanksgiving Village and therefore I am a partial owner of Desert Forest Lane as are all the other residents of Thanksgiving Village.
Does the City of Lehi plow Desert Forest Lane when it snows in the winter? Absolutely not, I and those who live in Desert Forest Lane pay to have it plowed.
Does the City of Lehi or the Thanksgiving Point golf course take care of our lawn maintenance on the land connected to Desert Forest Lane or do the single family residents who pay an HOA fee pay for that?
By virtue of the FACT that I own a portion of Desert Forest lane and the northern border of Thanksgiving Village, the proposed LDS Church development is adjacent to me.
Lets look at the definition of adjacent in chapter 39 of the Lehi city code.
Adjacent - All properties immediately contiguous to a development site, including those that are separated from the site only by a road or other right-of-way or easement.
The single family residents of Thanksgiving Village own Desert Forest Lane and all its property rights.
Thanksgiving Village by virtue of the owners owning Desert Forest is ABSOLUTELY contiguous to the development site. The proposed development MUST not exceed 35 feet or 2 stories. To view it any other way would be incorrect. I know a court of law will see that Desert Forest Lane owned by the residents of Thanksgiving Village is contiguous to the proposed development.
Kim Struthers of the Lehi Planning Development Commission has weighed in on this and has said that that the proposed development by the LDS Church is not adjacent to the single family residents of Thanksgiving Village who own Desert Forest Lane.
HE IS FLAT OUT WRONG!!!!
Until a legal conclusion in a court of law has been made on this issue, the proposed LDS Church development MUST NOT be allowed to move forward.
Kim is one man with one opinion who wants to see this development take place. He is biased, as many members of the Lehi DRC, Planning Commission, City Council, Mayor and Lehi City administration, many of which are members of the LDS Church who of course want to see this development take place in their city, by hook or crook.
BOTTOM LINE
The LDS Church proposed development if allowed to be built (questionable) CANNOT exceed 2 stories or 35 feet.
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