Mayor Bert Wilson, Jason Walker, Kim Struthers, Lehi City Council, Planning Commision and DRC are IGNORING and NOT enforcing Chapter 28, Lehi City Code

Mayor Bert Wilson, Jason Walker, Kim Struthers, Lehi City Council, Planning Commision and DRC are IGNORING and NOT enforcing Chapter 28, Lehi City Code

I have requested that the Mayor, Jason Walker, the Attorney's who represent the City, City Council, Planning Commission and DRC to ENFORCE the Lehi City Code in Chapter 28 EXACTLY as it is written.  The Lehi City Code governing resort communities has very specific language that the City of Lehi is choosing to ignore.

Why is it that a citizen of the City has to request a city enforce its own code? Why should a citizen be responsible for bringing to light and knowledge the wording in the code?  

I believe there are a number of individuals within Lehi City that have no knowledge of the code AS IT IS WRITTEN in chapter 28. If they do, why aren't they enforcing the code EXACTLY as it is written? 

Why are they allowing the health, safety and long term welfare of the citizens of Lehi to be put in jeopardy?

Below are just a few of my comments on various provisions within the code as it relates to the church of Jesus Christ of Latter-day Saints proposed development. I believe this development violates the language in the code.  I also believe the Family Search Plat was illegally formed by virtue of Gary Smith and Todd Munger signing on behalf of the City Council.  This project was designed from the beginning to be secretive as evidence of it not following normal approval channels. Normal approval channels would have had this project reviewed by DRC, Planning Commission and City Council. Citizen input would have taken place.  The city choose to ignore citizen input and have Gary Smith and Todd Munger sign off on the project that the city council, mayor and planning commission weren't even aware of.

Typical creation of a subdivision by a city or town as referenced in the Subdivision Ordinance section of the Utah League of Cities and Towns, Powers and Duties.

“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 resort community code chapter 28

Below is why I believe the Family Search Plat was created in secret and is NOT valid.

Chapter 28, section 28.080 section 1

Minor subdivision. 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 lots.  

B. The subdivision DOES NOT require the construction of ANY public improvements or the dedication of any public right of way.  It goes on to say; the lots in a minor subdivision WILL be divided by a metes and bounds document rather than a plat.

Numerous church and public officials have indicated that construction of at least two stop lights (one located on the corner of Pine Meadows Blvd and Club House Drive and the other located on the corner of 2150 W and 2300 W) Todd Munger in a meeting on November 25^, 2015 said the following, “Two traffic signals are warranted for this project as per the traffic study.”  Numerous other comments have been made by Burt Wilson, the mayor of Lehi, several Lehi city employees including Kim Struthers and members of the planning commission and city council and Brent Roberts and Nathan Hale, both with Special Projects, LDS church.

The creation of this plat is NOT valid.  It violates two provisions of the Lehi City code, chapter 28. First, it is recorded as a Plat versus Metes and Bounds. 

Secondly, Todd Munger and Gary Smith signed off on the subdivision knowing full well that there would be a requirement for the construction of public improvements.  The creation of this subdivision should have followed normal protocol which would have had review and over site by DRC, Planning Commission and City Council.  

It should be noted that Todd Munger signed off on the sub-division even though he had NEVER been in a recorded meeting to discuss its creation.  

Chapter 28 continued

Major issue: adherence, enforcement to the exact wording as recorded in chapter 28.

Section 28.010 Purpose and Intent

B. “Encourage the development and operation of the facilities catering to tourist, local families and convention/group related events.”

I don’t see the term, office building here.  Thanksgiving Point is filled with office buildings.  This is outside of the original intent of the resort community. The city has failed in enforcing this provision.

C.  “Provide an incentive and attraction for business owners and retail operators FROM OUTSIDE THE STATE TO LOCATE in the new destination community.”

The city has failed in enforcing this provision. There are many local businesses locating in the Thanksgiving Point area. This provision specifically states that the resort community is to attract businesses from outside the State.

D.  “While maintaining a HARMONIOUS RELATIONSHIP, AND WHILE PROTECTING THE HEALTH, SAFETY, AND LONG TERM WELFARE OF THE COMMUNITY.”

The city has failed in enforcing this provision. Harmonious, safety, health, long term welfare are not defined in chapter 39 of the Lehi City code, definition of terms. If these terms are not defined, how can one make a declaration that it does or does not affect the residents of the City of Lehi? How can you profess and proclaim the following statement was made by the Lehi Planning Commission.  “The proposed concepts DOES NOT affect the health, safety and long term welfare of the City.” Without defining these terms and concretely calibrating there affect, one cannot make a definitive statement of fact.

E.  “ENHANCE LOCAL PROPERTY VALUES.”

How is this going to increase local property values and what happens if it does not? This project CANNOT proceed without enhancing local property values.  Who will be held liable if they do not?

F.  “SUPPORT PUBLIC SERVICE ENTITIES SUCH AS POLICE AND FIRE DEPARTMENTS BY DEDICATING LAND OR UTILIZING CERTAIN SPACE WITHIN THE RESORT COMMUNITY AT NO COST TO THE CITY.”

The city has failed in enforcing this provision.

Section 28.020 Resort Description

“A resort community zone shall largely include facilities and venues that have a destination orientation and encourage use by tourist and visitors from outside the City. Use should focus on services for tourists, visitors, and the local community.”

Nowhere does it state that the resort community is to attract local companies or businesses.  It specifically states that the resort community zone shall largely include facilities and venues that have a DESTINATION orientation (not local businesses). Read the whole description.  The Thanksgiving Point area is failing in this regard.  The city has failed in enforcing this provision.

Section 28.030

B. Sixty percent of the property shall be used for facilities and venues that are considered tourist, hospitality, or resort destinations. The remaining forty percent may be used as non-resort commercial, Business Park and resort related residential uses (residential uses not exceed ten percent of total property.

The City and Thanksgiving Point need to provide proof positive that these percentages are IN FACT being adhered to. We WILL NOT take their word.  They need to prove it. The city has been requested to provide this information and has failed to do so.

“The property owners SHALL therefore make certain allowances within the Resort Specific Zone property for the public facilities and public support operations as follows:

A.       Fire/EMS substation.  One half acre of property SHALL be dedicated to the City without cost whereon a Fire Sub-station may be constructed and operated by the City.

B.      Police substation. A facility or space within a facility shall be provided to the City without cost wherein a Police Sub-station may be operated.

C.      Utility transactions.  A space within a facility shall be provided to the City without cost wherein the public and City may conduct transactions for public utilities.

D.      Security Services. A professional security staff SHALL be employed by the property owners in an effort to help promote public safety.

The city has failed in enforcing this provision. None of the above requirements have been provided by the resort community to the city and the city has failed to enforce this provision with the resort communities owners and operators.

Section 28.070. Development Standards. 

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 term adjacent MUST be defined in a court of law.  The Thanksgiving Point home owners own Desert Forest Lane which borders the proposed development.  The Thanksgiving Point home owners believe that their property is not only adjacent to the proposed development but adjoins the proposed development.  We believe any such building should be limited to 2 stories or 35 feet.  If you read the building design, it specifically states the architecture SHALL be complimentary to the surrounding existing structures (homes and club house), it is NOT. The scale, massing, roof shape and exterior materials shall be complimentary to the surrounding structures, it is NOT. Buildings SHOULD NOT create large bulky masses (120,000 square feet is most certainly a large bulky mass), should be scaled into groupings of smaller attached structures.  These two buildings are not attached and they are not scaled down into smaller units. This development FAILS in all aspects of this provision of the code.

B.      Parking. Large expanses of asphalt shall be reduced and broken into smaller parking lots. Parking lots shall include ample landscaping to buffer cars from neighboring properties including the use of berms and landscaped islands (see Section 12-090 C).

The parking lot as shown is one continuous parking lot.  The office building and a church share the same parking lot.  The parking lots are NOT broken into smaller parking lots.  The drawings as presented DO NOT us show us AMPLE landscaping to buffer cars from neighboring properties.  Interesting, in this description, it uses the term neighboring.  Thanksgiving Village homes do neighbor the proposed development.  We are adjacent to the proposed development.

C.      Access and Traffic. Adequate vehicular and pedestrian access must be provided. Direct access from an arterial or collector street to the office and professional service uses must be provided. A traffic impact study shall be required as part of the Area Plan, to project auto and truck traffic generated by the uses proposed.

How do you define Adequate?  Currently, the traffic study shows traffic conditions in and around Thanksgiving Point as an “F”.  I doubt an “F” rating can indicate that vehicular access is adequate. 

D.      Roof Design. Flat or low-pitched roofs shall be avoided and rooflines should blend in with surrounding buildings. Roof design may be further defined as part of an approved Area Plan.

The roof design as shown DOES have a low pitched or flat roof.  The code indicates that a flat pitched roof SHALL BE AVOIDED.  The roofline DOES NOT blend in with the surrounding buildings (proposed Stake Center, homes or club house).  The roof line as show fails this requirement.

E.       Materials. New buildings should blend with the materials of surrounding buildings. Building materials may be further defined as part of an approved Area Plan.

The materials as proposed (show the use of brick, metal accents, and glass for both buildings) DO NOT blend in with the surrounding buildings (homes, proposed Stake Center and club house). This building would stand out and not be harmonious to the existing buildings.

F.       Signage. Signage of buildings should be part of a coordinated signage system for the entire Resort development. Signage should help unify the development and provide a positive image. Natural materials such as wood, stone, rock and metal with external illumination are encouraged. The use of monument signs is also encouraged. The size and location of signage shall conform to the requirements and design guidelines of Chapter 23, Signs, of this Code.

The signage was not shown in the plans.

G.      Lighting. Outdoor lighting should be screened by shields or hoods to prevent glare onto adjacent properties. The intensity of large fixtures should be reduced by utilizing a larger number of smaller light poles of twelve (12) to eighteen (18) feet. Incandescent lights should be used in smaller pedestrian spaces where quality light is especially important.

Lighting and the affects of lighting was not shown on the plans.  Neighboring homes are within 100 to 150 feet from the proposed development.  Lighting is a big concern of the residents of Thanksgiving Village.

Section 28.110 Variations from Development Code and Design Standards. 

In the process of approving an Area Plan for a Resort Community Zone, the Planning Commission may recommend and City Council may approve variations form applicable standards of this Code or the Lehi City Design Standards and Public Improvements Specifications Manual if all of the following conditions are met:

A.      That the granting of the variation will not adversely affect the rights of adjacent landowners or residents.  

Our rights will be adversely affected.  One example, 10’s of thousands of additional cars traveling in our residential community.

B.      That the variation desired will not adversely affect the public health, safety or general welfare.

The health, safely and general welfare of those living in Thanksgiving Village will be adversely affected. One example, Liz Nielsen has cancer and if she spikes a fever or experiences a bloody nose, she must be rushed to a hospital within 10 to 15 minutes or she may bleed to death.  Traffic at peak times from her home to the freeway (1 mile) can take upwards of 25 minutes.  This is most definitely a health, safety and general welfare issue.

C.      That the granting of the variation will not be opposed to the general spirit and intent of this Chapter or the General Plan.

Granting any variation WILL be OPPOSED by those that live in the Thanksgiving Point community.