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.