Here is what I sent the Ombudsman. If you are the City, Beesmark, Thanksgiving Point or The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints. You might start working on your response.
For the time being, this development project MUST be put on hold until the LDS Church comes into compliance with Lehi City and Thanksgiving Pt. development Code.
I have also given the City of Lehi 50 GRAMMA request (freedom of information request) which when they produce the material I asked for will clearly show that the LDS Church is in violation of numerous other Lehi City codes.
This is what these entities will receive along with other inquiries.
Thanksgiving Point Office Development Site (in brief)
Violation #1
Violation: The proposed office building SHOULD NOT have been
allowed to go before the planning commission for approval.
Going before the planning commission was premature.
Violation: Language from DRC comments.
In all caps. “This
item cannot be schedule for planning commission until the traffic study has
been received and reviewed by the engineering department and the city developer
have an agreement as to how traffic concerns will be mitigated.”
There is NO written agreement between the city developer and the
engineering department. There is NO reported agreement of any kind between the
city developer and the engineering department. There are no minutes to any
meetings that show that the city developer and engineering discussed the
traffic conditions or traffic report.
The traffic study was presented to the city on April 13, 2016
by PEC. Planning Commission reviewed the
application on March 24, 2016.
Additionally in a DRC comment: “Before this can proceed
(application can be sent to the planning commission from the applicant) FINAL
traffic report will be REQUIRED to determine which improvements will be
completed. Final traffic study was received by the city on April 13, 2016. This statement was made three times in three
different DRC meetings”
Violation #2
Lehi City code Chapter 28, section 28.070
Violation: A. Building Design:
Code states: A: The
proposed structure SHALL be complimentary to the surrounding architecture in
terms of SCALE, MASSING, ROOF SHAPE AND EXTERIOR MATERIALS.
Proposed structure is NOT complimentary to the surrounding
architecture in terms of Scale, Massing, Roof Shape and Exterior Materials.
Surrounding architecture are single family homes and the Thanksgiving Point
club house. Further to the north are the Thanksgiving Point Gardens and
Curiosity Center. Directly across the rail road tracks is Young Living. The proposed building is NOT complimentary or
similar to any of these buildings.
Violation #3
The following code WAS NOT included in the applicants
application. It is understandable they did not include this portion of the code
in their application. Reason; they are in complete and total violation of the
language in the code.
Violation: Section
37:010 Commercial Design Standards, Architectural Standards.
Code states: (1) General Design Concepts. “New developments
shall be designed for its specific context with a design unique to Lehi
City. DEVELOPMENTS CONTAINING TWO (2) (COMMERICAL
OFFICE BUILDING AND LDS STAKE CENTER) SHALL POSSESS A SIMILAR DESIGN THEME AND
THE SITE SHALL BE DESIGNED SUCH THAT THE OVERALL DEVELOPMENT IS COHESIVE.
BUILDING ARCHITECTURE, BUILDING MATERIALS AND COLORS SHALL COORDINATE.
Violation: The LDS
Stake Center and Commercial office building do not share a similar design
theme. The overall development of a
commercial office building and an LDS Stake Center are not cohesive in building
architecture, materials and colors DO NOT coordinate. The applicant is presenting the application
for the commercial office building at this point. The LDS Stake Center layout
is shown in the architectural drawings presented by the applicant. The LDS
Stake Center was not presented at the planning commission meeting. The LDS Stake Center will be presented to the
planning commission using a conditional use permit. The applicant is attempting to create two
different applications so that they can circumvent this portion of the
code. Only problem is that they have
made their intentions clear that they WILL build a LDS Stake Center and
commercial office building and the architect for the commercial office building
said the LDS Stake Center would be completed before the commercial office building.
This attempt to navigate the system in order to build two distinctly different
buildings thus violating the code is disingenuous, dishonest and morally and
ethically wrong. To play games with the
code in order to get around the code is not what the LDS Church should do.
There are two buildings proposed by the developer/applicant.
A commercial office building and LDS Stake Center. The two although not
presented together are IN FACT being built simultaneously. This section of the
code applies to this project whether the applicant applies for a building
permit for one and then the other at separate times. The city and the applicant have publicly
said the conditional use permit will come before the planning commission in a
few weeks. (There is a video recording of the planning commission meeting where
VCBO (applicant) and the city discuss the timing of the conditional use permit.
It goes on to state:
Code states: (2) Compatibility. ALL COMMERCIAL DEVELOPMENTS SHOULD BE
APPROPRIATE IN SCALE, MASS, PROPORTION AND IN CHARACTER WITH THE ARCHITECTURAL
THEME AND COLOR PALATE OF SIGNIFICANT ADJACENT BUILDINGS (e.g. Proposed Stake Center, residential homes,
club house, Young Living).
Violation: Proposed structure is neither complimentary nor
compatible to the surrounding architecture in terms of Scale, Massing, Roof
Shape and Exterior Materials.
Violation #4
Violation: Building
Design:
Code states: A: Buildings should not create large bulky
masses, but should be scaled down into groupings of smaller attached
structures.
Violation: 135,000
Square foot office building violates this language. Completely out of character
for the surrounding neighborhood and adjacent buildings and is a large bulky
mass. The proposed project is not scaled down and not broken up into smaller
attached structures. This commercial
office building MAY BE the largest office building in Thanksgiving Point.
Continued:
Code states: Buildings adjacent to single family detached
units should be limited to 2 stories or 35 feet.
Violation: The
proposed 135,000 square foot office building IS adjacent to single family
detached units. (Thanksgiving Village and Desert Forest Lane which borders the
Family Search Plat.)
It is ABUNDANTLY clear
by the Declaration of Covenants, Conditions and Restrictions and Reservation of
Easement for Thanksgiving Village – A Planned Unit Development a 84 page
document received by the City of Lehi on Nov 3, 2003 that the proposed
development is CLEARLY ADJACENT to the single family residents residing in
Thanksgiving Village.
The CC and R’s begin by saying. Whereas, Thanksgiving
Village, L.C. (herein referred to as “Declarant” is the owner of certain REAL PROPERTY (the “Property”) located
in Utah County, State of Utah as more particularly described in that certain
plat map containing 143 lots entitled Village at Thanksgiving Point, a Planned
Unit Development, recorded on the official records of the office of the County
Recorder of Utah County, State of Utah.
This 84 page document clearly points out that the proposed
development is ADJACENT to the single family land owners of Thanksgiving
Village and therefore any development MUST be limited to 2 stories or 35’ in height.
Thanksgiving HOA owns Desert Forest lane and land north of
Desert Forest Lane which borders the Family Search Plat. According to our HOA
covenants, I, as well as ALL homeowners in Thanksgiving Village own the street
and the land that borders the street. We
are responsible for the maintenance of the street and the land that borders
Desert Forest Lane. The single family residents of Thanksgiving Village
collectively maintain the street and land bordering the street to the north. We are single family residents. The border of
my home is approximately 170 feet from the border of the Family Search
Plat. There are two other homes which
are significantly closer to the border of the Family Search Plat.
*** It is not the responsibility of the residents of Thanksgiving
Village to PROVE they are adjacent to the proposed development, it is the sole
responsibility of the City of Lehi to Prove they are not adjacent. According to the CC and R’s for Thanksgiving
Village found on the City website, Thanksgiving Village is ABSOLUTELY 100%
ADJACENT to the proposed development. ******
It is not good enough for one person at the city to say, the
proposed development is not adjacent to the proposed development site, this
person must prove beyond a shadow of a doubt that it is not adjacent. Just like, one person in the engineering
department can’t say that for the purposes of this development, Garden Drive is
CONSIDERED a collector street even though Garden Drive is not defined as a
collector street by the City of Lehi.
*** A person at the city must be truthful, must follow code
EXACTLY as it is written and NOT try to make the code fit a particular
development by not enforcing or adhering to the CODE WORD FOR WORD as it is
written. ****
Violation #5
Violation: C. Access
and Traffic
Code states: 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.
Violation: Concept
design of the proposed commercial office building and LDS Stake Center shows
the access points (3) exiting and entering off Garden Drive which is a local
street and NOT an arterial or collector street. There is NO DIRECT ACCESS to the commercial office building or LDS Stake
Center. There is NO WAY this project could have direct access to a collector or
arterial connection.
Violation: Lehi Master Transportation Plan adopted May 12th,
2015 showing and defining collector streets and arterial streets. According to the Master Transportation plan,
Garden Drive is not defined as either an arterial or collector street. Club house drive is defined as a collector
street but does not meet the code specification. (E.g. there is a small bridge
at the beginning of Club house drive which is only 24 feet wide. This does not qualify as even a local street,
yet the city has it erroneously defined Club House Drive as a collector
street. Executive Parkway is also
designated as a collector street; however, according to the diagrams of what
defines a collector street, it does not meet any of the criteria as set forth
in the Lehi Master Transportation plan.
Continued:
Code States: A traffic impact study shall be required as part
of the AREA PLAN, to project auto and truck traffic generated by the uses
proposed.
Violation: A traffic impact study has not been provided as
part of the AREA PLAN. An incomplete traffic study was commissioned by the LDS
Church which does not even take into account traffic going to or coming from
the proposed Family Search and Discovery Center. The proposed traffic study (traffic count on
a single day in August for 4 hours) does not accurately represent current and
future traffic flow and conditions and WAS NOT provided as part of the AREA
PLAN. There is no account for RV, Bus or
large vehicle parking which MUST be addressed as part of the Family Search and
Discovery Center. Final traffic study was presented to the City on April 13th,
2016, after my GRAMMA request. The
traffic study I received DOES NOT include any of the appendixes.
Bottom line of the traffic study. Traffic is horrible, it will remain horrible
and they suggest building two new stop lights which will only exacerbate the
traffic problem.
What the traffic study fails to mention or review:
Intersection of I15 north/south with Club House Drive, major
bottleneck and the cause of much of the traffic congestion.
School hours and traffic from a local elementary school.
4000 new employees will start employment in this upcoming
year.
Traffic study was conducted on a bright, sunny, Wednesday
afternoon in late August (26th) for 4 hours. No other times were looked at, E.g. impact of
snow, rain, snow storms, traffic on Monday, Tuesday, Thursday, Friday,
Holidays, Concerts, Tulip Festival or any other Thanksgiving Point events which
happen throughout the year.
No mention of over 450,000 additional square footage of
building construction that will be completed in the next year.
No mention of over 1 million additional square feet of
building East of I15 on SR92.
No mention of Family Search and Discovery traffic, RV, Bus,
Large Vehicle traffic from the Family Search Center.
Traffic from all the businesses East of I15 which
significantly impacts those getting onto I15 north and southbound. The Harmon’s complex due to open this summer
will have an additional 2000 employees.
Traffic from events held west of the RR tracks. E.g.
Concerts, tulip festival, curiosity center, etc.
Growth rate calculation grossly in error. Growth rate of vehicle trips has increased
over 100% in the past few years.
Collector streets labeled as collector DO NOT meet the
criteria as put forth by the Lehi Master Transportation Plan.
Stop sign at Club House Drive and Garden Drive is a huge
problem. Three way stop; hundreds of cars will descend upon the intersection
causing major traffic jams.
Residential neighborhoods, 25MPH.
The study reveals the Church indicating nearly 25% of their
employees will be using TRAX. Problem
is, many of these employees have not
Violation #6
Violation: Roof Design
Code states: Flat or low pitched roofs shall be avoided and
roof lines should blend in with surrounding buildings. Roof design may be further defined as part of
an area plan.
Violation: DRC
comments by Kim Struthers “The resort community development standards (Section
28.070) state that flat roofs shall be avoided.
Recommend considering additional architectural features to break up the
roof line.”
The roof line has not be altered or changed and is in
violation of section 28.070. The Flat roof proposed is not allowed by code, is
not harmonious and is not compatible to the surrounding buildings.
Violation #7
Violation: E.
Materials
Code states: New buildings should blend with the materials of
surrounding buildings. Building
materials may be further defined as part of an approved AREA PLAN.
Violation: The
materials as shown in the concept plan provided by the developer DO NOT blend
with the surrounding buildings (residential homes, Thanksgiving Pt club house,
LDS Stake Center).
Violation: I. Signage.
Code states: Signage of building should be part of a
coordinated signage system for the entire resort development.
The signage of the building has yet to be identified.
Violation: G. Lighting.
Code states: Outdoor lighting should be screened by shields
or hoods to prevent glare onto adjacent properties.
The lighting of the building has yet to be identified.
Violation: Parking.
Code states: Large expanses of asphalt shall be reduced and
broken into smaller parking LOTS. Parking lots shall include ample landscaping
to buffer cars from the neighboring properties including the use of berms and
landscaping islands.
Violation: The
commercial office building and stake center has one contiguous parking lot.
Additional Violations:
Parking
A parking study for
shared parking was done for the LDS Stake center and NOT the commercial office
building.
The commercial office building does not show any parking for
the Family Search and Discovery Center. In a meeting put on by LDS Church
representatives, they expect between 500 and 1500 people per day to use the
Family Search and Discovery Center. They
have not accounted for those cars (not a single stall). Parking needed for the
Family Search and Discovery Center between 200 – 500 stalls per day.
There is NO bus parking, RV parking or large vehicle parking
for the out of town people who are expected to visit the family search and
discovery center. We were told people
from all over the Mountain States would be flocking to the Family Search and
Discovery Center. This center would be
the best discovery center in the world.
The commercial office building is the Worldwide Corporate Headquarters
of the Family Search and Discovery Center.
Violation: The
developer has FAILED to take into account any parking requirements by the
Family Search and Discovery Center. The city has violated its own parking
ordinances to ensure the developer is allowed to build whatever they like on
the property. The developer is building a LDS Stake Center on the southern
border of the property in violation of the special warranty deed they signed
and the city has put its head in the sand and said it is not our problem
failing to protects its citizens from unscrupulous developers. The developer is
building a 135,000 square foot commercial office building and has failed to
identify that there will be a Family Search and Discovery Center located within
the building. The city has failed to
protect the health, safety and welfare of its citizens. The city has allowed
this commercial development to proceed despite numerous violations to the Lehi
City building codes.
Violation: DRC comment by Kim Struthers. ‘On the parking required, the Thanksgiving
Point Architectural Control guidelines call for 4.5 stalls per 1000 square feet
of leasable building space. For 135,000
square feet, this would be 607stalls unless otherwise approved by the
Thanksgiving Point ARC (Lehi’s standard is 3.3 stalls per 1000 sq. ft. of gross
floor space) In addition, the church would require 1 stall for every 4 seats in
the assembly area. The current plan is for 510 stalls. Either additional
parking would be required, or the TPARC needs to allow approval based upon Lehi
City standard vs. the ARC guidelines.”
Not enough parking and insufficient parking for the types of
vehicles that would arriving at the commercial office building!!
DRC comment: “The
TPARC control guidelines call for 9’ x 20’ size parking stalls with 25’ aisles.
The site plan either needs to be adjusted to meet these standards or otherwise
approved the TPARC.”
Christie Hutchings wrote in an email on April 19, 2016 to
Marilyn Banasky “TPARC approvals are still
pending”.
DRC comment:
They need the following which they do not have, “Approval from TPARC on
the design of the building, parking, lighting and landscaping.
Violation: Parking is significantly
undersized, stall size has not been revealed, aisles size has not been
revealed, TPARC has not approved, no bus or RV parking, no parking identified
for the Family Search and Discovery Center, shared parking wholly inadequate
for commercial office building and LDS Stake Center and there is simply NOT
enough parking.
The applicants attempt to show two different applications for
the proposed commercial office building and LDS Stake center is a clear attempt
to muddy the waters in regards to parking.
The applicant’s failure to identify the required number of parking
stalls for the Family Search and Discovery center is a blatant effort to
conceal the true number of parking stalls for the project. The applicant’s failure to identify bus, RV
and large vehicle parking for those visiting the Family Search and Discover
Center shows they no they have a parking problem and are attempting to cover up
the problem by submitting two different building applications. This is dishonest, disingenuous and deceitful
on the part of the applicant. Games
SHOULD NEVER BE PLAYED WITH CITY CODE!
Violation #8
Violation: Chapter 28, section 28:080 Development Approvals
and Permits.
Code states: Minor subdivisions. “The lots in a minor
subdivision WILL BE divided by metes and bounds rather than a plat.
Violation: The Family Search subdivision was recorded at Utah
County as a plat and not by metes and bounds as specified.
Violation #9
Additional language in that same section reads. Code states: ”Subdivision
review and approval may be granted by the Chief Building Officer and Public
Works official IF ALL of the
following provisions apply: (2) The subdivision DOES NOT REQUIRE the
construction of ANY public
improvements.”
Violation: The Family
Search Plat was signed off on behalf of the Lehi City Council by Gary Smith
(Chief building officer) and Todd Munger (Public works official). Problem is, there will be a REQUIREMENT for public improvements (at
minimum, two stop lights). Mr. Smith and
Munger did not have the authority to sign off on this subdivision circumventing
normal approval channels.
Todd Munger stated in a DRC meeting: “Two traffic signals are warranted for this
project.”
Chapter 11, section 11.080 states the following: The review and approval process for a
preliminary subdivision plat is identified in the appendix to this code,
including review by the reviewing departments. Review and recommendation
following a public hearing by the planning commission and review and approval
by the city council.
Violation: There was
no public hearing, no planning commission review and no city council review.
Chapter 28, section 28.060 Procedures for establishment of
resort community zone.
D. “Developers and builders MUST comply with the Lehi City General Plan, the Lehi City Development code and ALL other codes and ordinances of the
city unless modified by the adopted Area Plan.”
Violation: Chapter 28 clearly spells out that developers and
builders MUST comply with the Lehi City General Plan, the Lehi City Development
code and ALL other codes and ordinances of the city UNLESS MODIFIED by the
adopted Area Plan.
Violation: The
approval process for the creation of a subdivision was not followed in Chapter
11, section 11.080. The adopted Area
Plan does specifically allow for the creation of a subdivision any other way
other than by following section 11.080.
Violation #10
This is important, same section. Code states: “The Preliminary and Final plans
shall be submitted and reviewed simultaneously and 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
document (s).
Violation: Preliminary and Final plans WERE NOT submitted simultaneously.
Todd Munger was not present at a single recorded meeting to discuss the
creation of the Family Search Plat. Todd
Munger may not have signed off on the Family Search Plat (requested from Todd
Munger and the city at least 6 times to verify his actual signature on the plat
was indeed his signature, they would not respond). Todd Munger, if he indeed
signed off on the plat signed off on the plat without any prior knowledge of
what he was signing. Todd Munger and Gary Smith DID NOT review the Preliminary and Final plans and the Preliminary
and Final plans WERE NOT submitted
simultaneously. Gary Smith and Todd Munger DID
NOT have the authority to sign off on the creation of the Family Search
Plat.
Violation #11
Violation: Special
Warranty Deed
Special Warranty Deed signed by the Beesmark and the LDS
Church clearly specifies WHAT can be
built on the Family Search subdivision and WHERE
it can be built.
Exact language in the Special Warranty Deed: “Grantee (the
LDS Church) will maintain a Family Search and Discovery Center in the building
closest to the southern border of the property consisting of at least 6,000
square feet and that is open to the general public.”
The city has failed morally and ethically and has allowed a
developer to violate a contractual special warranty deed they signed stated
what and where they intended to build.
The city has failed to protect the safely, health and long
term welfare of its citizens from unscrupulous developers who say they are
going to build one thing and build something entirely different.
Other Notable Problems
Other notable problems with the project which should have
been addressed prior to the planning commission approving the applicants
building application. This application should NEVER been allowed to go before
the planning commission UNTIL ALL the following DRC comments are satisfied.
DRC comment:
“Under current conditions, the circuits feeding the proposed
area have no available capacity. UNTIL further review AND system improvements
are designed or IN PLACE we are unable to serve this project.”
Violation: Circuits have no available capacity. System
improvements are not designed or IN PLACE.
Cost and implementation have not been identified.
“Provide an engineer’s cost estimate for the cost of all
improvements”
Violation: This has not been done.
“Provide an approval from Thanksgiving Point allowing the
pedestrian connection to the golf course.’
Violation: This has
not been done.
“Before THIS CAN
PROCEED (sent to the planning commission), FINAL traffic report will be
REQUIRED to determine which improvements will be completed.
Violation: Final traffic approval received on April 13, 2016,
well after the March 24th planning commission meeting.
Stated numerous times throughout DRC comments and still not
received.
“Approval from TPARC on the DESIGN of the BUILDING, PARKING,
LIGHTING AND LANDSCAPING.
Violation: Not
received.
“Provide a traffic study which should address? Site access (recommended one way in, one way
out of the two accesses). Access spacing from Desert Forest Lane, traffic
impacts to the bridge at Club House Drive, traffic impacts on Garden Drive,
2150 N and the intersection at 2300 W.”
Violation: Traffic study inadequate and does not address all
the concerns listed by DRC.
Additional Code Violations Not Enforced By The City
I cite the following examples of how the City does not adhere
to or enforce its own code exactly as it is written and picks and chooses which
codes it will enforce and which codes they will ignore.
Violation #12
Violation: Section 28.060 Procedures for establishment of
resort community zone.
D. “Developers and builders MUST comply with the Lehi City General Plan, the Lehi City Development code and ALL other codes and ordinances of the
city unless modified by the adopted Area Plan.”
Violation: Throughout this document I have clearly identified
numerous provisions of the Lehi city code that the developer/applicant has
violated. They MUST comply with ALL (every single one) Lehi City Development
Codes.
City Enforcement and Adherence Violations
Section 28.010 Purpose and Intent
The city is in Violation of NOT enforcing and adhering to
their own city code EXACTLY as it is written.
Code states: C. Attract business owners and retail operators
in the Resort Community Zone from outside
the State.
Violation: Most of the development within Thanksgiving Point
are from business owners and retail operators from WITHIN the State.
Code states: D. Maintain a harmonious relationship while
PROTECTING THE HEALTH, SAFETY AND LONG TERM WELFARE OF THE COMMUNITY.
Major violation: The
safety, health and welfare are not protected. In fact, those who live in the
area’s lives are being put at risk. (E.g. increased traffic, increased safety
and health concerns for those afflicted with terminal illness or poor health or
old age). Equally appalling is that much
of the traffic from the new commercial office building will be using
residential streets where young children play in their front yards. It seems like every week someone young child
in UT is being killed by a motor vehicle.
The likelihood of a young child being hurt, injured or killed from the
increase of 10’s of thousands of additional vehicles on residential streets is
significantly increased thus jeopardizing the health, safety and welfare of
those living around the proposed development.
Code states: E. Enhance local property values.
Violation: Recently a home owner in our neighborhood had to
sell their home for less because of the new development.
Code states: F. Support public service entities such as
Police and Fire Departments by dedicating land or utilizing certain space
within the Resort Community Zone at no cost to the city.
Violation: This has
not been implemented. The city is
ignoring this provision of the code.
Violation: Section
07.050 Public Support REQUIREMENTS.
A.
Fire/EMS
Sub-Station. 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
Sub-Station. 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. (There is no security staff
patrolling the neighborhoods.)
Definite Violation: Security Services. The professional security staff DOES NOT
patrol the residential neighborhoods as they should. In Thanksgiving Village, I along with
numerous other residents have had their cars broken into along with other
criminal infractions.
Violation: This has
not been implemented. The city is
ignoring this provision of the code.
Violation #13
Violation of the shared parking standard, Chapter 37.060
parking standards.
Section 37.060 G.
Shared Parking Standard
Numerous Violations:
A.
Site
plan submitted concurrently identifying each use and the proposed parking area.
Violation, the site plan was not submitted concurrently. A
parking study was requested by Brittany White Johnson of Trio Design on Friday,
April 15 on behalf of the LDS Church.
Hales Engineering (Jeremy Searle) produced a memorandum of a parking
study which ONLY showed parking for the LDS Stake Center and not the commercial
office building and was given to the LDS Church on April 20th after
I had filed a GRAMMA request.
B.
Provide
a copy of a shared parking agreement and a cross easement agreement that was
recorded in the office of the Utah County Recorder.
Violation: This has
not been recorded with the Office of the Utah County Recorder.
C.
Projected peak parking hours for each use.
Violation: The shared
parking study failed to take into account the Family Search and Discovery
Center parking which could add an additional 200 – 500 cars per day. This is a major miss in their parking
calculation.
D.
Number of REQUIRED parking stalls for each
use.
Violation. This again
does not adequately reflect the parking requirement for the Family Search and
Discovery Center.
E.
Number
of proposed or existing parking stalls.
Violation: The number
of proposed parking stalls is still up in the air based on the FACT that the
TPARC has not approved the parking stall requirement and the city and TPARC
have completely different standards.
The applicant is once again attempting to muddy the water by
submitting two different applications. They have failed to identify the parking
stall requirement for the Family Search and Discovery Center. They have failed
to identify RV, Bus and large vehicle parking for those visiting the Family
Search and Discovery Center.
Violation #14
Throughout this brief I have mentioned that the City is
violating the health, safety and welfare of the citizens in Lehi. I sited a few examples, E.g. safety concerns
for our children with increased traffic, welfare concerns of our elderly and
those inflicted with chronic disease where access to emergency medical care to
vital to their survival.
I would like to take an in deft looking at the Lehi City Code
in Chapter 28 regarding the protection of the safety, health and welfare of the
citizens and why I believe the city is violating its own code by putting the
lives of their citizens at risk.
At
a recent Lehi City Council Development Review Committee meeting, the following
findings were published.
FINDINGS
The Development Code does not identify
specific findings that must be considered when approving a concept; however the
Planning Commission may wish to include the following findings in the motion:
1.
The proposed Concept
is consistent with the Lehi City Development Code
Violation: This project (Thanksgiving Pt Office Site)
violates numerous city development codes as outlined in this brief.
2.
The proposed Concept
conforms to the goals and policies of the General Plan.
Violation: The proposed concept plan (Thanksgiving Pt
Office Site) does NOT conform to the goals and policies of the general plan.
3. The
proposed Concept does not affect the health, safety, welfare, and morals of the
City.
In the Utah League of Cities and Towns
Powers and Duties, a handbook for Utah Municipal Officials, page 121 under the
Title, "Basic Legal Issues for Land Use Control" it states, "The
purpose of this Chapter are to provide for the health, safety and welfare and
to promote the prosperity, improve the morals, peace and good order, comfort,
convenience and aesthetics of each municipality and its present and future
inhabitants and businesses."
Violation: Chapter 28 of the Lehi
resort community code, section 28.010 - Purpose and Intent, section D, it
states "while protecting the health, safety and long term welfare of the
community."
If you have been to a Lehi Planning
Commission or City Council meeting you routinely hear them robotically recite
the words, protect the health, safety and welfare, but what do these words
mean?
For their definition, let’s turn to
Chapter 39 of the Lehi building code (definitions) and look for these three
words. The words safety, health and welfare are not defined in Chapter 39 of
the Lehi building code definitions.
The meaning, understanding and
definition of these words for the long term welfare of the Lehi residents are
important if not critical. City administrators, employees, elected
and appointed officials must tell us what these words mean to them personally
and also define them in Chapter 39.
Too often, I believe these words are
recited without understanding there consequence to the residents of the City of
Lehi. Let me give you an obvious example where the safety of Lehi
residents is put at risk almost on a daily basis. For those of you who
have had the opportunity to eat lunch at what I will call the outdoor food
court in Thanksgiving Point, you all know how difficult it is to park. They
have opened up parking across the street (North Thanksgiving Way) where Lone
Peak Trailer's use to be. Hundreds of people on a daily basis have to
make their way across this incredibly business road putting their life at
risk. There is no cross walk or intersection; you literally have to dash
across the road hoping not to get hit. Everyone at City Hall knows what a
debacle this is, so what are they going to do about it, I know build more
restaurants in the area. The second thing they are going to do is build a
dozen or so more fast food restaurants east of I 15 to cut down on the number
of people frequenting the open door fast food court, now that is a great
solution. The problem was created by allowing this many restaurants to
congregate in one area without sufficient parking, now whose fault was that?
DRC, yes, Planning Commission, yes, possibly City Council, not quite sure, but
probably yes. So, is this a safety concern, yes it is. How are they going
to correct the problem? Ask DRC, the Planning commission and your City
Council. There are problems like this all over the city.
Try driving from Thanksgiving Point
golf course to the freeway at rush hour, this six block drive may take you as
long as 20 + minutes and more than likely you will have to wait for 4 or 5
stoplights before you get to wait to get onto the freeway, where you will wait
even longer. Poor planning and they want to keep building more and more
in the Thanksgiving Point area. The City blames the traffic snarl around this
area on the State and says one day (many years from now) the problem will be
addressed. Is this good for the welfare of the residents of Lehi?
Residents in the Thanksgiving Village subdivision talk about planning their
heart attack so that they don't have to fight traffic at rush hour. They
know for sure, they will die before they get to the hospital, is this health
related issue, of course it is.
There are countless traffic
related issues in Lehi and the mantra continues to be at City Hall, there is no
development project we don't like, bring it on, the more the merrier. Long
term welfare of its citizens being taken into consideration, I think not.
Traffic and road infrastructure, making
sure and ensuring road infrastructure is ahead of growth and development not
lagging behind as it is today Massive growth and development while ignoring
traffic patterns, road congestion and oppressive wait times at traffic lights Insufficient
water supplies and pressure in the pressurized irrigation system Carbon
emissions from increased traffic Noise and light pollution and the loss of green
space to commercial and residential development The lack of parks and
recreation facilities and programs for the residents of Lehi, both youth and
adult. The increase in traffic congestion especially around schools puts the
lives of our children at risk.
These are but a few of the concerns of
the residents of Lehi, there are countless others (I seriously could go on and
on, not too many long term residents who are happy with what is happening in
their city). Many residents don't believe that the current city
officials and administrators listen to them and believe they really don't care
about them. Many long term residents pine for the old days when Lehi
was a small town and believe the current growth is not
welcome.
So when our those appointed, elected or
who work for the city ensure us that the long term safety, health and welfare
of the residents are protected, what do they really mean and how do we hold
them accountable today and in the future for what will be continued traffic
congestion, water regulations, unfettered growth and development without proper
road infrastructure and mediocre park and recreation facilities and programs
for our youth and adults.
I believe these words have meaning and
I believe they need to be defined by and placed in chapter 39 so we all know
what they mean.
Lehi of old is dying, there is
construction everywhere and before you know it we will be a city of over
100,000 people. Time to define what you mean by safety, health and
long term welfare of the residents of Lehi.
Violation #15
I have submitted GRAMMA requested for
the following sections of Lehi City Code, Chapter 11.
It is my opinion and until I have
received all the information back from these request that the applicant (s) are
NOT in 100% complete compliance to the code.
Chapter 11, section 11.070 Application
REQUIREMENTS for Preliminary Subdivision Plats
Chapter 11, section 11.080 Preliminary Plat Approval Process
Chapter 11, section 11.120 Application
REQUIREMENTS for Final Subdivision Plat
Chapter 11, section 11.240 Application
REQUIREMENTS for Site Plans
Violation #16
The following are issues regarding the
Thanksgiving Village Stake Center Conditional Use and Site Plan.
Applicable
development code regulations
They Site Section 09-050 (b) and then
list section 09-060 (a) language. The
wrong section has been cited. Section
09-050 (b) says something entirely different.
This error was not caught and this goes
to show how out of touch they are with their own code.
Section 09-060 (a) actually reads
differently than the opening paragraph they included in the application.
“Conditions: In granting a conditional use permit, the
commission may impose such requirements and conditions which the commission, in
its sole discretion, deems necessary for the protection of PERSONS and
PROPERTIES in the vicinity of the proposed conditional use, as well as the
preservation of the integrity of the general plan. Said requirements and
conditions may include (but are not limited to) location, construction, size,
maintenance, operation, site planning, traffic control and parking,
relocation's, dedications, installation and upgrading of public services and
roads, and time limits for the proposed conditional use, in addition to the
following non-exclusive list of potential requirements and conditions. “
Violation: Language between the Lehi City code section
09-060 (a) does not match language in the application, specifically the opening
paragraph.
Analysis
Second paragraph Section 28.070
“The following analysis is STAFF’S
interpretation of how that section is being met.
A.
Building Design.
Read
Section on page 1.
Staff’s
opinion. The architectural design of the
proposed 1 story (they put this in because you can have max 2 story) is
complimentary to nearby residential use.
(What? Complimentary in what way, remember we are talking design).
Remember, this is their opinion.
Additionally, it is Staff’s opinion that the church creates a good
transition between the office building to the north and residential areas to
the south. (how nice, but does it meet code requirements, no it does not!)
Violation: Commercial office building and LDS Stake
Center do not meet code.
What
does section A actually say? 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 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
city and the church know they are in violation to Lehi City code. The city and
the church know this development is adjacent to single family resident
homes. That is why this is not
mentioned. They can say that the building is not adjacent to single family
residences, but that would not be true, just like Garden Drive is considered a
collector street. You can say it is a
collector street, but that would not be true.
Just because you want this project to go forth does not mean you can
violate city code after city code.
The
city and the church know that a 135,000 square foot commercial office building
with a flat roof is a large bulky mass for the neighborhood; they just don’t
want to recognize it as such, because if they did, it would violate city code
and the project would have to altered, changed or abandoned!
Violation: Building
Design:
Code states: A: Buildings should not create large bulky
masses, but should be scaled down into groupings of smaller attached
structures.
Violation: 135,000
Square foot office building violates this language. Completely out of character
for the surrounding neighborhood and adjacent buildings and is a large bulky
mass. The proposed project is not scaled down and not broken up into smaller
attached structures. This commercial
office building MAY BE the largest office building in Thanksgiving Point.
Continued:
Code states: Buildings adjacent to single family detached
units should be limited to 2 stories or 35 feet.
Violation: The
proposed 135,000 square foot office building IS adjacent to single family
detached units. (Thanksgiving Village and Desert Forest Lane which borders the
Family Search Plat.)
Thanksgiving HOA owns Desert Forest lane and land north of
Desert Forest Lane which borders the Family Search Plat. According to our HOA
covenants, I, as well as ALL homeowners in Thanksgiving Village own the street
and the land that borders the street. We
are responsible for the maintenance of the street and the land that borders
Desert Forest Lane. The single family residents of Thanksgiving Village
collectively maintain the street and land bordering the street to the
north. We are single family residents.
The border of my home is approximately 170 feet from the border of the Family
Search Plat. There are two other homes
which are significantly closer to the border of the Family Search Plat.
Thanksgiving Point have a height restriction which both
buildings violate:
Section 4.2.4 Building Height. All establishments in the
development shall not have a building constructed that exceeds 60 feet in
height. Building height shall be measured from the finished floor to the
highest point on the building.
Commercial office building height at its highest point 66’
LDS Stake Center at its highest point 70’
Violation of Thanksgiving Point 7.1 Building Setbacks
Both the commercial office building and LDS Stake Center DO
NOT meet Thanksgiving Point Building setback requirements.
Requirements:
Street Front 60’ Side
and Rear 40’
Lot Boundary Front
40’ Side and Rear 40’
Parking Lot Front 20”
Side and Rear 20’
Driveway or Lot Entryway
Front 30’ Side and Rear
20’
Parking Lot Setbacks.
All parking lots shall have a Minimum Setback from the following:
Reference Point Front
to the Street 40’ from the Street to the Side or Rear 40’
Reference Point for the Lot Boundary to the Street 40’ to the
Side and Rear 40’
Violation: Neither
buildings meet these setback requirements.
Violation of the Landscape ration: 5.1.5 states.
All properties will include an area to be landscaped that will comprise
at least 35% of the total property area.
The LDS Stake Center has 21.2% landscape area
The commercial office building has at most 26% landscape
area.
Additionally, for class A businesses, section 5.1.1 also
discusses setback requirements.
All buildings shall have a Minimum set back from the
following:
Street Front
100’ Side Rear 40’
Lot Boundary
Front 40’ Side Rear
40’
Parking Lot Front
30’ Side Rear 40’
Driveway or Lot Entryway
30’ Side Rear 20’
Violation: Neither the
Commercial Office Building or LDS Stake Center meet these setback standards.
Lastly, spacing of driveways is defined as the distance
between the closest edge of the driveway to the right of way line of the
street. All access drives shall have
adequate site distance. No access drives will be allowed on collector streets
without the approval of the Design Control Committee. Access drives shall be spaced according to
the following Thanksgiving Point standards.
Local Minimum
Spacing 75’ Minimum distance/Intersection 100’
Collector Minimum
Spacing 200’ Minimum distance /intersection 200’
Violation: Neither the
LDS Stake Center or Commercial office building meets this standard.
Bottom Line for nearly
all if not all Thanksgiving Point development standards: Neither the LDS Stake
Center or Commercial Office Buildings meet the standards set by the DCC. TPARC at the time this brief was written have
not given written approval for either building. If they do and they allow these
applicants to slide on these standards, future developers will be given notice
that DCC does not require them to meet their standards.
B.
Parking. The parking lot includes ample landscaping,
including landscaped islands in the parking lot that help to buffer surrounding
properties and break up large expanses of asphalt. (That is nice, but does it
meet TPARC and City guidelines?)
I will discuss this latter in in this brief.
C.
Access and Traffic –
a traffic report was completed with the first phase. (have you seen the traffic report, final
report was given to the city on April 13, 2016) Did the traffic report take
into account traffic to and from the Family Search and Discovery Center? No, it did not. Representatives from the church indicate
between 500 – 1500 people will visit the 8000+ square foot Family Search and
Discovery Center, where will they park?
Will there be any bus, RV or large vehicle parking? Seems a bit
disingenuous that the parking analysis did not take into account the Family
Search and Discovery Center, the purpose behind the development.
They go on to say; “The city engineering department and the
developer and UDOT are currently in the process of FINALIZING an agreement regarding traffic improvements to help
mitigate traffic concerns.
Finalizing? This simply is not true, they only began
talking. There are NOT EVEN CLOSE to finalizing a solution to the traffic
nightmare this project will create.
Last but not least.
The following simply is not true and goes to show the intent
on how far the city will go to approve this project.
The engineering
department considers Garden Drive as a collector road.
Why did they say this?
Garden Drive is NOT a collector Road. You will not find Garden Drive as
a collector Road in any city document. Remember this is only their
interpretation and not FACT! The fact is, Garden Drive which turns into 2350 W
is considered a road by the city in every document and map produced by the
city. The engineering department can
consider Garden Drive as a collector road, this simply is NOT true. Note the
use of the word consider. This is a death nail in their planned development.
Why is this important, critically important.
Read 28.070 (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 study shall be REQUIRED as part of
the AREA PLAN, to project auto and truck traffic generated by the uses
proposed.
They CANNOT build this project UNLESS they designate Garden
Drive as a collector street. Currently
Garden Drive is a road. Garden Drive is ONLY 33’ in width. Garden drive is 17’ wide heading north and 15’
wide heading south with a 1’ center strip.
Garden Drive heads south from Club House Drive and turns into 2350 (a
pure residential street with town homes and single family residences). It would be IMPOSSIBLE to label Garden Drive
a collector. Garden Drive does not any of the cities criteria for a collector
street and currently it is not defined as a collector street.
Truth is, this project CANNOT go forward without classifying
Garden Drive as a collector street.
Problem is, IT IS NOT!
This entire project needs to be put on hold until the
applicant(s) apply with Lehi City Code, section 28.070 (c) which clearly
states, DIRECT
ACCESS FROM AN ARTERIAL OR COLLECTOR STREET TO THE OFFICE AND
PROFESSIONAL SERVICE MUST BE PROVIDED.
This project needs to be re-evaluated. The city and the LDS
Church have been trying to push forth a development that CANNOT meet city code
unless you ignore the code.
D.
Roof design: Staff’s
interpretation of the term “may” can be interpreted as “encouraged but not
required”. However, the church building
is proposed to have a pitched roof, which complies with the suggested
architectural design.
What does D actually say. “Flat or low pitched roofs shall be avoided
and roof lines should blend in with surrounding buildings. Roof lines may be
further defined as part of an approved AREA PLAN.
If it meets code, why the need to have
a staff interpretation of the word “may”? The code specifically states that
flat roof lines SHALL be avoided. Kim
Struthers in a DRC meeting made the following comment regarding the commercial
office building.
Violation: DRC
comments by KimStruthers “The resort community development standards (Section
28.070) state that flat roofs shall be avoided.
Recommend considering additional architectural features to break up the
roof line.”
Flat roof proposed is not allowed by
code, is not harmonious and is not compatible to the surrounding buildings.
They put this in there to protect the
commercial office building. The
commercial office building does not meet code, they know it and they tried to
slip in this language in hopes of masking the FACT that the commercial office
building has a flat roof when Kim Struthers in a DRC comment told them to
change the roof. They did not!!!!!
The use of the word “may” is ONLY used
in the following sentence.
“The roof design may be further defined
in the area plan. You still can’t have
flat roofs.
E.
Materials. DRC redline comments #8 from the March 30,
2016 review requests that the architect provide a written statement on how the
two buildings are architecturally compatible. This item is still pending
completion; however, staff has encouraged the developer to match the building
materials of the church with those of the phase 1 Family Search Building.
What does E actually say? “Materials.
New buildings should blend with the materials of surrounding
buildings. Building materials may be further
defined as part of an approved area plan.
How are you going to match the single
story church building with a pitched roof and a commercial office building with
a great deal of glass?
Why did they write this sentence the
way they did. Because the church commercial
office building once again does not meet code in any way shape or form. It will not be compatible or harmonious with
any of the other buildings in the area.
The two buildings will not match and until the architect puts forth the
EXACT architectural plans showing that they match each other and the surrounding
architecture (homes, club house), this project needs to be put on hold.
DRC
redline comment by Kim Struthers: “building, materials, architectural features,
etc. need to tie into Family Search building. Architect to provide written
statement on how the two buildings are architecturally compatible.” This is too
big an issue to leave to speculation. Way to many city codes depend upon the
two buildings being compatible with one another. Right now, we have no clue if
they are or aren’t. We have not seen anything from the architect on either
project that would indicate they are in compliance with Lehi City code.
This
has not been done and until it is done, this project cannot move forward and
approval should not be forthcoming.
This project has not been approved by
Thanksgiving Point architectural review committee.
Prior
to construction meeting comment by DRC. “Written approval from TPARC”
The TPARC committee has very specific
parking requirements which have not been addressed in this application.
The TPARC has very specific building,
landscaping and other codes which have not been addressed in this application.
The parking analysis put forth in this
application is disingenuous for a few reasons. One being that the parking
standard put forth by TPARC is different than the cities. This application
fails to mention that the project is bound not only by city parking standards
but by TP parking standards as well as laid out below.
Each parking stall shall have a minimum
dimension requirement of 9’ x 20’. Drive
aisle minimum width shall be 25’.
What is the parking width of each
parking stall as proposed in this project? What is the aisle width?
Another big problem:
Parking
DRC redline comment by Kim Struthers: “Clarify the parking
tabulations and requirements. For the Family Search project, based on the gross
floor area of 135,000 square feet, it would require 450 parking stalls
(remember, they have not identified any parking for the Family Search and
Discovery Center). The stake center building requires 1 stall for every 4 seats
in the assembly area. Provide date on the number of seats so that the parking
amount can be determined. Not sure where the TOD zone reduction requirement is
coming from?”
A parking study for
shared parking was done for the LDS Stake center and NOT the commercial office
building.
The commercial office building does not show any parking for
the Family Search and Discovery Center. In a meeting put on by LDS Church
representatives, they expect between 500 and 1500 people per day to use the
Family Search and Discovery Center. They
have not accounted for those cars (not a single stall). Parking needed for the
Family Search and Discovery Center between 200 – 500 stalls per day.
There is NO bus parking, RV parking or large vehicle parking
for the out of town people who are expected to visit the family search and
discovery center. We were told people
from all over the Mountain States would be flocking to the Family Search and
Discovery Center. This center would be
the best discovery center in the world.
The commercial office building is the Worldwide Corporate Headquarters
of the Family Search and Discovery Center.
Violation: The
developer has FAILED to take into account any parking requirements by the
Family Search and Discovery Center. The city has violated its own parking
ordinances to ensure the developer is allowed to build whatever they like on
the property. The developer is building a LDS Stake Center on the southern
border of the property in violation of the special warranty deed they signed
and the city has put its head in the sand and said it is not our problem
failing to protects its citizens from unscrupulous developers. The developer is
building a 135,000 square foot commercial office building and has failed to
identify that there will be a Family Search and Discovery Center located within
the building. The city has failed to
protect the health, safety and welfare of its citizens. The city has allowed
this commercial development to proceed despite numerous violations to the Lehi
City building codes.
Violation: DRC comment by Kim Struthers. ‘On the parking required, the Thanksgiving
Point Architectural Control guidelines call for 4.5 stalls per 1000 square feet
of leasable building space. For 135,000
square feet, this would be 607stalls unless otherwise approved by the
Thanksgiving Point ARC (Lehi’s standard is 3.3 stalls per 1000 sq. ft. of gross
floor space) In addition, the church would require 1 stall for every 4 seats in
the assembly area. The current plan is for 510 stalls. Either additional
parking would be required, or the TPARC needs to allow approval based upon Lehi
City standard vs. the ARC guidelines.”
Not enough parking and insufficient parking for the types of
vehicles that would arriving at the commercial office building!!
DRC comment: “The
TPARC control guidelines call for 9’ x 20’ size parking stalls with 25’ aisles.
The site plan either needs to be adjusted to meet these standards or otherwise
approved the TPARC.”
Christie Hutchings wrote in an email on April 19, 2016 to
Marilyn Banasky “TPARC approvals are
still pending”.
DRC comment:
They need the following which they do not have, “Approval from TPARC on
the design of the building, parking, lighting and landscaping.
Violation: Parking is
significantly undersized, stall size has not been revealed, aisles size has not
been revealed, TPARC has not approved, no bus or RV parking, no parking
identified for the Family Search and Discovery Center, shared parking wholly
inadequate for commercial office building and LDS Stake Center and there is
simply NOT enough parking.
The applicants attempt to show two different applications for
the proposed commercial office building and LDS Stake center is a clear attempt
to muddy the waters in regards to parking.
The applicant’s failure to identify the required number of parking
stalls for the Family Search and Discovery center is a blatant effort to
conceal the true number of parking stalls for the project. The applicant’s failure to identify bus, RV
and large vehicle parking for those visiting the Family Search and Discover
Center shows they no they have a parking problem and are attempting to cover up
the problem by submitting two different building applications. This is dishonest, disingenuous and deceitful
on the part of the applicant. Games
SHOULD NEVER BE PLAYED WITH CITY CODE!
I like the last line on page 3. Planning staff is in support of approving
shared parking for this site. They are also in support of calling Garden Drive
a collector street. They are also in support of the commercial office building
having a flat roof. They are also in support of the 4 story commercial office
building being built adjacent to single family residences. They are also in
support of two completely different, distinct and unique being built when they
should be compatible and harmonious with the surrounding architecture. They are
also in support of the materials between the two buildings (not yet identified)
being completely different from one another.
They are also in support of not identifying any parking for the Family
Search and Discovery Center. They are also in support of going forward and
approving this project even though the TPARC has not approved the project. I could go on and on. This project needs to
be shut down until the applicants come into compliance with city code and the
city and the applicant stop planning games with the code.
Recommendations/possible actions
The planning department recommends final approval based on
the following:
“The proposed use, at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity and will
not be detrimental to the public health, safety, general welfare or
convenience.” (they forgot the person’s part of the code)
“The proposed use will be located and conducted in a manner
in compliance with the goals and policies of the Lehi City General Plan and
purposes of this code.”
“That the property on which the use, buildings or other
structure is proposed to be established is of adequate size and dimensions to
permit construction of the facilities and the conduct of the use in such a
manner that it will not be detrimental to adjoining properties and the area.”
These are the same people who said Garden Drive was a
collector.
What does Chapter 9 in the Lehi City code additionally say?
Lehi City Code, chapter 9, section 09.050
Standard for Granting a Conditional Use statesA. A conditional use permit shall be granted or conditionally granted by the commission, unless:
1. The proposed conditional use will be detrimental or injurious to the health, safety, or general welfare of persons or properties within the vicinity of the proposed conditional use; and
2. The reasonably anticipated detrimental or injurious effects of the proposed conditional use cannot be mitigated by the imposition of reasonable conditions upon said proposed conditional use.
B. A proposed conditional use shall be considered as detrimental or injurious to the health, safety, or general welfare of persons or properties within the vicinity of the proposed conditional use if:
1. The proposed conditional use will cause unreasonable risks to the safety of persons or properties because of vehicular traffic, parking, or large gatherings of people.
2. The proposed conditional use will unreasonably interfere with the lawful use of properties within the vicinity of the proposed conditional use.
3. The proposed conditional use will create an additional need for essential city or public services which cannot be met without unreasonable efforts or expenditures of city or public resources.
4. The proposed conditional use will be non-compliant with chapters 12 and 13 of this code.
5. The proposed conditional use will otherwise present an unreasonable detrimental injury to the health, safety, or general welfare of persons or properties in the vicinity of the proposed conditional use; or
6. The proposed conditional use will not be in harmony with the general plan.
The burden of proof is on the applicant to prove to the planning commission that they have not violated any of the 6 items listed above. It is not our burden of proof to disprove any of the six items above. The applicant MUST prove they are in compliance to the six items listed above and clearly state their reasoning in a memorandum proving they are in compliance. To date, this has not been done. You can’t just say you are in compliance without factually proving it.
Violation #17
What code are we following? Are we following The
Thanksgiving Point Development Code or are we following the Lehi City Code and
which code trumps the other and who determines which code to use?
The Thanksgiving Point Architectural Control
Guidelines (written Dec.1 2000) were accepted by the city on received by the
city on Dec 1, 2003, 3 years after they had been written.The Thanksgiving Point Area plan, received May 21, 2002, simply states it is in compliance with the Resort Community Code (Chapter 28).
The Thanksgiving Point Master Plan shows the Thanksgiving Point Driving Range as part of the golf course and NOT a site for commercial development.
The Thanksgiving Point Private and Public Street Designation Map show Desert Forest Lane as a Private Street.
The Thanksgiving Point Architectural Guidelines were set forth and selected sections are highlighted below so as to show which parts of the code impact the two proposed developments on the Family Search Plat.
For example, 5.1.5 Landscape Ratio: TP requires 35% (Class A, 30% Class B, 15% for Commercial/retail) of total property area to be landscaped.
TP requires a minimum of 4.5 parking stalls for every 1000 square feet of gross leasable building space per lot.
TP requires to have approval for their desired use and design for the property from the DCC prior to submitting for a city building permit.
TP allows a church to be built in the RC zone, the city does not define the RC zone and what can and cannot be built (Chapter 28). Refer to tables 05-030 (A and B).
TP in section 5.1, Site requirements (Class A) defines setback requirements for the building and parking lot. They also define with requirements for driveways and access ways and landscape ratios.
TP in section 7.1, Site requirements (Class B) defines setback requirements for the building and parking lot. They also define with requirements for driveways and access ways and landscape ratios.
TP in section 8.1, Site requirements (Commercial Retail) defines setback requirements for the building and parking lot. They also define with requirements for driveways and access ways and landscape ratios.
Question: How is the commercial office building categorized by TP? How is the LDS Stake Center categorized by the TP? (Class A, B or Commercial/retail)
After reviewing the applicant’s conditional use application and commercial office building, there is NO categorization revealed for the LDS Stake Center and NO categorization for the commercial office building.
Violation: In either case, the commercial office building and LDS Stake center DO NOT meet TP guidelines in the areas described above.
Chapter 28, section 28.040 Allowed Use states the following: Proposed uses will be reviewed for compatibility within the Resort Community Zone as well as compatibility with allowed uses in adjacent zones.
Violation: TRARC has not approved either project at the time this brief was written.
