LDS Church is violating the terms of the Special Warranty Deed they signed with Beesmark; Not enough parking!

LDS Church has a massive parking problem on their hands as it relates to the Family Search Plat.  They are also in violation of a Special Warranty Deed they signed with Thanksgiving Point.

Shared parking.

First lets take a look at the language in the Special Warranty Deed and Amended Special Warranty Deed between the LDS Church and Thanksgiving Point.


Original Special Warranty Deed - Dated July 2, 2015
Between Thanksgiving Point Development Company L.C. and The Presiding Bishop of the Church of Jesus Christ of Latter-day Saints

Deed Language:

Grantee will maintain a Family Search and Discovery Center in the building located closest to the southern border of the Property consisting of at least 6000 square feet and that is open to the general public. Grantee will also maintain sufficient parking on the Property to service such center.

Special Warranty Deed, original, Family Search Center, Southern Border, maintain sufficient parking for the Center.

  Amended Special Warranty Deed - Dated February 2, 2016
Between Thanksgiving Point Development Company L.C. and The Presiding Bishop of the Church of Jesus Christ of Latter-day Saints

Deed Language:

Thanksgiving Point Development Company L.C. mends certain covenants of the Grantee contained in that certain Special Warranty deed recorded with the Utah County Recorder, State of Utah, on July 9, 2015 which the special warranty deed conveyed and warranted against only for those claiming by, through or under it (and no others) to the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints........

It goes on to say

Now therefore the undersigned Grantor and Grantee hereby agree and adopt this amended Special Warranty Deed and the following covenants  and warranties contained herein below.

Grantee's statement of covenants contained in the original deed is hereby deleted, amended and replaced as follows:

Key language

Grantee will maintain a Family Search and Discovery Center in the building located closest to the northern border of the Property consisting of at least 6000 square feet and open to the general public. Grantee will also maintain sufficient parking on the Property to service such center.

Amended Special Warranty Deed showing the Family Search Center now in the building on the Northern Border.

Second page of the amended agreement, they still need to maintain sufficient parking to accommodate the visitors to the Center.

 Notice they changed the building location from the southern border to the northern border.

However, they have a massive problem.

Herein lies their MASSIVE problem.

The special warranty deed reads...

"Grantee will also maintain sufficient parking on the Property to service such center."

According to a traffic impact study prepared by Project Engineering Consultants (PEC), dated April 13, 2016 and submitted to and paid for by Special Projects Department, The Church of Jesus Christ of Latter-day Saints has not accounted for a single parking stall or a single car, bus, RV or SUV to the Family Search and Discovery Center. I have a brief conversation with a person who works for PEC and when I asked them why they did not account for a single car visiting the Family Search and Discovery Center they told me they had no knowledge that a Family Search and Discovery Center was located on the first floor of the Family Search Commercial office building. The told me that the LDS Church had not mentioned to them that there would be additional car trips from the Family Search Commercial office building.

Additionally

According to a shared parking study prepared by Hales Engineering, dated April 20, 2016 and submitted to Brent Bigelow, Meetinghouse Project Management for the Church of Jesus Christ of Latter-day Saints, the LDS Church has not accounted for a single parking stall for the Family Search and Discovery Center. NOT ONE! They certainly have not maintained sufficient parking to service the Family Search and Discovery Center. When I asked Ryan Hales owner of Hales engineering why he did not account for one car visiting the Family Search and Discovery Center, he told me the LDS Church did not tell him about the Family Search and Discovery Center. That is right, the LDS Church did not reveal to the firm they hired to conduct a parking study that there would be between 500 - 1500 visitors to the Family Search and Discovery Center on a daily basis.

There have been numerous meetings with Lehi City Staff and in 2+ meetings before the Lehi City Planning Commission (recorded meetings and can be seen on Lehi City's website) where the LDS Church and Lehi City Staff in their discussions of the shared parking analysis have NEVER mentioned ANY parking requirement for the Family Search and Discovery Center. The ONLY parking mentioned and discussed is for the Family Search Commercial Office Building and the LDS Stake Center, NEVER the Family Search and Discovery Center.

The LDS Church has mentioned that the Family Search and Discovery Center will be the shining beacon upon the hill as it talks about this unique Discovery Center on the first floor of the Worldwide Corporate Headquarters of Family Search, a division of the Church of Jesus Christ of Latter-day Saints.

The LDS Church has also mentioned that between 500 -1500 people will be utilizing the services of the Family Search and Discovery Center on a daily basis. 

The LDS Church has mentioned that people from all over will be utilizing the services of the Family Search and Discovery Center and will be arriving in buses, RV's, cars, large vehicle and Front Runner.

Herein lies a MASSIVE PROBLEM for the LDS Church.

They are in violation of the language in the Special Warranty Deed they originally signed and the amended Special Warranty Deed which they committed to ....

"Grantee will also maintain sufficient parking on the Property to service such center."

Not only has the Grantee (LDS Church) not maintained sufficient parking on the property to service such center, they have not accounted for a single parking stall for the Family Search and Discovery Center.

Hundreds of cars, numerous buses and RV's will have no place to park! As part of the conditions placed on the LDS Church granting them permission to build their massive corporate office building, Thanksgiving Point Architectural Development Reveiw Committee required that Garden Drive have its curb painted red. This means there will be NO off street parking ANYWHERE in the area.

The Worldwide Corporate Headquarters of the Family Search Corporation will have 550 employees.  The Family Search and Discovery Center will have volunteers and the LDS Stake Center will need parking services as well.

In order for the LDS Church to have enough parking for their shared parking concept with the LDS Stake Center, they needed and were granted a variance by the Thanksgiving Architectural Review Committee, reducing the size of the parking stall so as to increase the number of parking stalls for the project. Had Thanksgiving Point not granted them a variance on their parking stall size requirement, this project could not have been built as proposed by the the LDS Church.

Parking is a big time problem for this project and the LDS Church and the staff at the City of Lehi know it, that is why NO ONE is talking about the parking requirement for the Family Search and Discovery Center.  The LDS Church and the staff at the City of Lehi have ignored the FACT that people from all over will be visiting the Family Search and Discovery Center. Neither the Staff at the City or the LDS Church wants to mention the FACT that the Family Search and Discovery Center REQUIRES visitor parking.

They have ignored it in their traffic study, the parking study, in planning commission meetings, in staff development review 
committee meetings, no one is talking about the required parking for the Family Search and Discovery Center.

The ONLY want willing to talk about it is ME! And they are listening to me.

The  LDS Church has once again violated the language in the Special Warranty Deed. They will not be able to maintain sufficient parking on the Property to service such center. IN FACT, they have no parking allocated by the City or the LDS Church for the Family Search and Discovery Center.

If you were to use Lehi City Development code requirement of 3 stalls per 1000 square feet of commercial office building, the LDS Church and the Staff at the City of Lehi could say they have allocated 18 parking stalls to the Family Search and Discovery Center.  This is probably enough parking stalls for those working at the center. Certainly not enough to provide enough parking for 500 -1500 visitors arriving in buses, RV's, large vehicles and cars.  

There is no RV, bus or large vehicle parking for this project. 
The LDS Church has mentioned that people will be coming from all over and spending days doing genealogy work arriving in buses, RV's, large vehicles (large SUV's possibly with trailers) and cars. 

Not a single parking stall has been allocated to accommodate for these visitors to the Family Search and Discovery Center.

In order for the LDS Church to push this project through the City, they needed to maximize the parking by reducing the size of the parking stall requirement by Thanksgiving Point. They needed to go to a shared parking concept with the LDS Stake Center (The City of Lehi has said the LDS Stake Center only needs 74 parking stalls, even though a typical LDS Stake Center has over 250+ parking stalls), Lastly, the LDS Church and the City HAD TO IGNORE the Family Search and Discovery Center's need for parking.  If they allocated parking stalls for the Family Search and Discovery Center (500 -1500 people per day), there would not be enough parking for the project to proceed. They may need upwards of 400 parking stalls to accommodate the visitors to the Family Search and Discovery Center.  There is simply not enough parking for this project, the city knows it, the LDS Church knows it, Hales Engineering knows it and PEC knows it, that is why they don't want to talk about it.

The LDS Church and the City of Lehi, PEC and Hales Engineering all ignored the FACT that 500 -1500 people per day will be visiting the Family Search and Discovery Center.

Where will these people park?

This is a clear violation of the Special Warranty Deed!!!!

Separate Question?

Why did the LDS Church and Thanksgiving Point amend the Special Warranty Deed and change the location of the Family Search and Discovery Center from the Southern Border to the Northern Border?

Because I called them out in numerous blog post and showed the world that the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints was willing to break a contractual commitment they made to build the center on the southern border of the property.

I am calling they out again.

The Presiding Bishop of the Church of Jesus Christ of Latter-day Saints have not accounted for a single parking stall for the visitors to the Family Search and Discovery Center. The Presiding Bishop has not taken into account any bus, RV or large vehicle parking and has once again violated the terms of the agreement they made with the Thanksgiving Point Corporation.

What is the Presiding Bishop of the LDS Church going to do to fix this massive problem?


 



 

LDS Church breaking all the rules, Grading the Family Search Plat at Thanksgiving Point without a grading permit and the City of Lehi is letting them!

 Ryan Wood, Lehi City Attorney said the following in an email:  “The LDS church is not required to obtain a grading permit under chapter 12B. That Chapter ONLY applies to projects where the developer wants to do grading only and doesn’t have site plan approval.”

Well Ryan, that simply is not true, read the language in the code and show me where it says that chapter 12-b is ONLY for developers who want to do grading only and who don’t have a site plan approval.

He also said:  “Please reference the language in 11.300 that states, following the approval of site plan with the city the developer/owner may proceed with construction.” 

That is right Ryan, they may proceed (begin or move forward) with construction right after they get a grading and building permit. That sentence in chapter 11 does not give them carte blanche to do whatever they want with the property.  Yes, they may proceed, BUT, they still have to follow the Lehi City city code which requires them to get a grading permit. The LDS Church and the City of Lehi can't ignore a whole section of the Lehi Land Development code meant to protect the safety, health and welfare of the citizens of Lehi.  Read the code in Chapter 12-b and tell me where in the code they are allowed to do what the LDS Church has done to the Family Search Plat. Take a look at the photo's, keep in mind this property had a use, it was a flat driving range.  This was not vacant land, this was a FLAT driving range. 

First, they may not proceed with construction without a grading permit.  Second, they may not proceed with construction without a building permit.  Read the code in Chapter 12-b Ryan, the city cannot ignore a whole chapter of the code.

You may say they can proceed, I say they can’t proceed and I am appealing the decision for the LDS Church to proceed without first receiving a grading permit. I am also appealing the planning commissions decision to grant approval for the Family Search Commercial Office building and Thanksgiving Village LDS Stake Centers.

Grading Permits Adopted 11/18/08

 Lehi City Development Code Page 12-B-1

 CHAPTER 12-B

GRADING PERMITS

Section 12-B.010 Grading Permit – Purpose and Intent.

Section 12-B.020 Grading Permit Requirements.

Section 12-B.030 Grading Permit General Conditions.

Section 12-B.040 Grading Permit Submittal Requirements.

Section 12-B.050 Grading Permit Issuance.

Section 12-B.060 Grading Permit Administration

Section 12-B.070 Landowner Grading Project Requirements

Section 12-B.080 Grading Permit Violations

Section 12.B-090 Penalties

Section 12-B.010 Grading Permit – Purpose and Intent (Amended 11/12/13)

A.  The purpose of this Chapter is to establish minimum requirements for grading, filling, and excavation work, and the procedures by which these requirements may be complied with and enforced.

B. During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing siltation of aquatic habit for fish and other species. Eroded soil also necessitates increased maintenance of sewers, storm drains and ditches. In addition, clearing and grading during construction causes the loss of native vegetation, which can further cause erosion. The purpose and intent of this section is to:

1. Safeguard persons, protect property, and minimize damage to the environment and local infrastructure.

2. Promote the public safety and welfare by guiding, regulating, and controlling the construction process, as well as the use and maintenance of any development or activity that disturbs or breaks the topsoil or results in the movement of earth.

3. Remedy sediment pollution when it occurs.

C. For the purposes of this section, grading is defined as the act of leveling, smoothing, or otherwise preparing a development site for construction, by creating a level (or possibly sloped to a specific degree) base; or otherwise excavating, compacting, removing native vegetation, grubbing, cutting and/or filling a development site in preparation for the construction of an approved development project.  Note: The contractor for the LDS Church has done everything listed above. Excavated, compacted, removed native vegetation, grubbing, cutting and or filling a development site in preparation for the construction of an approved development project. The contractor for the LDS Church has also leveled, smoothed and prepared a development site for construction by creating a level (or possibly sloped to a specific degree) base.  Ryan indicated they did not require a grading permit for an approved development project (site plan approval), this clearly shows that he is wrong!

 Note: Take a look at the photo’s below.  The contractor for the LDS Church has prepared a building pad for the Family Search Commercial Office building (part of the construction process).  The Family Search Plat has been graded and is prepared is being prepared for development. The contractor has created a building pad and now is letting the dirt compact (surcharge) for a period of time (roughly two months).  The contractor has not landscaped the property, they have begun the construction process which according to this chapter, requires a permit.

The slope on the left is 8 feet higher than the lowest part of the grade.

That little cut in the middle of the photo depth is nearly 6 feet deep.

This is the mound of dirt they built up and it is over 10 feet high.

From the lowest part of the grade to the highest part of the grade is over 16 feet, now that is excavating.

There is another angle of the mound they built up, over 10 feet high.

That mound of dirt at the top of the photo is over 10 feet high. Total grading is over 16 feet high.

Massive amount of grading.

Another angle showing a 16 difference from the lowest part of the grade to the highest.

Section 12-B.020 Grading Permit Requirements

(Amended 11/12/13)

A. A grading permit is REQUIRED for a project involving ANY of the following:

1. Any grading, clearing, or grubbing in excess of one (1) acre, (43,560 square feet). Clearing includes the felling or removal of trees, shrubs, or other native material when the ground has been disturbed in excess of one (1) acre.  Note: The Family Search plat is 11.99 acres.

2. Any fill and/or excavation that changes the elevation of the existing property more than two (2) feet from adjacent properties and surrounding roadway grades. Quantities of fill and excavation are separately calculated and then added together, even if excavated material is used as fill on the same site.  Note: Take a look at the following pictures.  Excavation has created a change in some areas of over 16’ feet.

3. Retaining walls and modular block walls (including landscape walls, etc.) over four (4) feet in height as measured from the bottom of the footing. Base rock or block must be designed by a professional engineer and building permit obtained. Terraced walls having a total height greater than four feet are included in this requirement, unless individual walls are less than four feet high and the horizontal distance between walls is at least two times the individual wall height (reference Section 105.2 of the International Building Code).

B. The following activities are exempt from the requirements for a grading permit:

1. Agricultural crop management of existing farmed areas.

2. Routine landscape maintenance of existing landscaped areas on developed lots, including pruning, weeding, planting annuals, and other activities associated with maintaining an already established landscape.

3. Installation of residential landscaping or landscaping that is a part of a bonded and approved site plan or subdivision plat.  Note:  Landscaping that is part of a bonded and approved site plan or subdivision plat.  Key word, LANDSCAPING.

Note: Landscaping definition:  Improve the aesthetic appearance of (a piece of land) by changing its contours, adding ornamental features, or planting trees and shrubs. Another definition from dictionary.com: To improve the appearance of (an area, a highway, etc.) as by planting trees, shrubs, or grass, or altering the contours of the ground. 

The mound of dirt they built up is as large as these large excavating vehicles.

Another angle showing the height of the dirt built up is as large if not larger than these massive earth movers.

Yet another angle of the earth movers and the height of the mound of dirt they built up in the foreground.

Another angle, you can see the mound of dirt the earth movers built up on the left, now you can see they how big that mound is.

4. Any construction project that has a valid building permit.  Note:  This project does not have a valid building permit.

  

C. An exemption from a grading permit does not exempt the person doing the work from meeting all applicable city codes and obtaining any other required approvals.

So why didn't the LDS Church submit an application for a grading permit?  There are a number of different reasons why, but the bottom line, it would take to long and they didn't want to have to go through the process, way to much work and public exposure.  The LDS Church is not into public exposure. 

Read this section of the code, chapter 12-b. I included this language in a GRAMA request I gave to the city.  It clearly shows that if a property is 10 acres or more, not only do you absolutely need a grading permit, before the permit is approved, the application MUST come before the planning commission and city council for approval.  Secondly, during those meetings the public is made aware of the grading permit application and has a chance to speak.  The LDS Church wants little to no citizen review.  The less they know the better and if at all they can silence the citizens of Lehi, all the better. The more they can get done while breaking all the rules and Lehi City Code ordinances the better.Who is going to stop them from breaking the rules? Apparently not their minions who work at the city of Lehi. A member of the LDS Church in this instance should not be reviewing or approving an LDS Church project.  The personal conflict of interest (ethics violation) for those who work for the city or are appointed by the mayor of the city to serve on the planning commission to be subjective, unbiased is just impossible.  Their LDS Church membership makes it IMPOSSIBLE for them to impartial. Their Church affiliation will ALWAYS trump their civil responsibilities. 
 

Section 12-B.020 Grading Permit Requirements

(Amended 11/12/13)

A. A grading permit is required for a project involving any of the following:

1.    Any grading, clearing, or grubbing in excess of one (1) acre, (43,560 square feet). Clearing includes the felling or removal of trees, shrubs, or other native material when the ground has been disturbed in excess of one (1) acre.

Request: Please verify in writing to me that the grading application is complete and provide me a copy of the minutes of the each of these recorded meetings by each of the reviewing committees who spent time reviewing the grading application. Including; dates, times, those in attendance and what was discussed.  See section below relating to this requirement. Please provide the schedule showing that the grading permit was placed on the reviewing department’s schedule. See code below.

C. Grading permit applications shall be submitted to the Lehi City Planning Department.  Note: This certainly did not happen because we know the LDS Church did not submit a grading permit application to the City as required by Lehi City Land Development code.

1.    Once the application has been deemed complete, the grading permit application shall be placed on the Reviewing Departments agenda for consideration. Note:  We know this did not happen.

Request: Please provide proof that (1) the grading application was review by the reviewing departments, (2) that the grading application was heard before the planning commission which included a public hearing, (3) that the grading application was heard before the city council which included a public hearing. See code below.

Here is a key section of the code

2.    Grading Permits for grading projects with more than ten (10) contiguous acres MAY be issued by the Public Works Director following review by the Reviewing Departments, review and recommendation following a public hearing by the Planning Commission and review and approval following a public hearing by the City Council.

(a) When considering the approval of the grading permit the Public Works Director, Reviewing Departments, and (when applicable), Planning Commission and City Council, will verify that all of the following criteria are met (in addition to other applicable requirements of this code and other city codes):

(i)                          Approval of the proposal will not pose a threat to or be detrimental to the public health, safety, and welfare, nor be materially detrimental to fish and wildlife habitat and/or water resources as determined by an expert consultant.

Request: Please provide an expert consultants opinion provided with the grading permit supplied by the applicant that the Thanksgiving Point Golf Couse Driving Range which is located a few hundred feet from the Jordon River is not detrimental to the public health, safety and welfare nor is it materially detrimental to the fish and wildlife habitat and or water resources.

F. Upon COMPLETION of the above, the grading permit will be issued. The grading permit along with the approved grading plans and the SWPPP must be kept on site through the duration of the grading project.  

Request: Please provide me the location of the grading permit application on site so that I may verify that it is ALWAYS on site.

BEFORE THE WORK BEGINS (REQUIRED, MUST, ABSOLUTE, SHALL) AND AFTER THE BOND HAS BEEN POSTED, A PRE-CONSTRUCTION CONFERENCE CAN BE HELD.  Note: The grading had begun before the pre=construction meeting, before they received a grading permit, before the submitted a grading permit application, before any reviewing departments had a chance to review the grading permit application, before the planning commission, city council had a chance to review the application, before the public had a chance to be heard.  The LDS Church had a pre-construction meeting and graded and excavated away. This is clearly wrong and the LDS Church is subject to penalties and grading without a permit is a criminal offense.

Request: Please provide me a copy of the bond that has been posted by the applicant. Please provide me with the date, time and those in attendance of the pre=construction meeting. Please provide me with the minutes to that recorded meeting. See code below.  

Read this section of the code, chapter 12-b. I included this language in a GRAMA request I gave to the city.  It clearly shows that if a property is 10 acres or more, not only do you absolutely need a grading permit, before the permit is approved, the application MUST come before the planning commission and city council for approval.  Secondly, during those meetings the public is made aware of the grading permit application and has a chance to speak.  The LDS Church does wants little to no citizen review.  The less they know the better and if at all they can silence the citizens of Lehi, all the better.

Section 12-B.020 Grading Permit Requirements

(Amended 11/12/13)

A. A grading permit is required for a project involving any of the following:

1.    Any grading, clearing, or grubbing in excess of one (1) acre, (43,560 square feet). Clearing includes the felling or removal of trees, shrubs, or other native material when the ground has been disturbed in excess of one (1) acre.

Request: Please verify in writing to me that the grading application is complete and provide me a copy of the minutes of the each of these recorded meetings by each of the reviewing committees who spent time reviewing the grading application. Including; dates, times, those in attendance and what was discussed.  See section below relating to this requirement. Please provide the schedule showing that the grading permit was placed on the reviewing department’s schedule. See code below.

C. Grading permit applications shall be submitted to the Lehi City Planning Department.  Note: This certainly did not happen because we know the LDS Church did not submit a grading permit application to the City as required by Lehi City Land Development code.

1.    Once the application has been deemed complete, the grading permit application shall be placed on the Reviewing Departments agenda for consideration. Note:  We know this did not happen.

Request: Please provide proof that (1) the grading application was review by the reviewing departments, (2) that the grading application was heard before the planning commission which included a public hearing, (3) that the grading application was heard before the city council which included a public hearing. See code below.

Here is a key section of the code

2.    Grading Permits for grading projects with more than ten (10) contiguous acres MAY be issued by the Public Works Director following review by the Reviewing Departments, review and recommendation following a public hearing by the Planning Commission and review and approval following a public hearing by the City Council.

(a) When considering the approval of the grading permit the Public Works Director, Reviewing Departments, and (when applicable), Planning Commission and City Council, will verify that all of the following criteria are met (in addition to other applicable requirements of this code and other city codes):

(i)                          Approval of the proposal will not pose a threat to or be detrimental to the public health, safety, and welfare, nor be materially detrimental to fish and wildlife habitat and/or water resources as determined by an expert consultant.

Request: Please provide an expert consultants opinion provided with the grading permit supplied by the applicant that the Thanksgiving Point Golf Couse Driving Range which is located a few hundred feet from the Jordon River is not detrimental to the public health, safety and welfare nor is it materially detrimental to the fish and wildlife habitat and or water resources.

F. Upon COMPLETION of the above, the grading permit will be issued. The grading permit along with the approved grading plans and the SWPPP must be kept on site through the duration of the grading project.  

Request: Please provide me the location of the grading permit application on site so that I may verify that it is ALWAYS on site.

BEFORE THE WORK BEGINS (REQUIRED, MUST, ABSOLUTE, SHALL) AND AFTER THE BOND HAS BEEN POSTED, A PRECONSTRUCTION CONFERENCE CAN BE HELD.  Note: The grading had begun before the preconstruction meeting, before they received a grading permit, before the submitted a grading permit application, before any reviewing departments had a chance to review the grading permit application, before the planning commission, city council had a chance to review the application, before the public had a chance to be heard.  The LDS Church had a pre-construction meeting and graded and excavated away. This is clearly wrong and the LDS Church is subject to penalties and grading without a permit is a criminal offense.

Request: Please provide me a copy of the bond that has been posted by the applicant. Please provide me with the date, time and those in attendance of the preconstruction meeting. Please provide me with the minutes to that recorded meeting. See code below.