Saturday, May 21, 2016

LDS Church gets Family Search Site Plan approval without fulfilling all the requirements thus breaking the law

LDS Church gets Family Search Site Plan approval without fulfilling all the requirements thus breaking the law 

I have requested in a GRAMA request a copy of the Site Plan Application as submitted by the LDS Church to the City of Lehi Utah. That request was received by the city on April 25, 2016.  To date I have not received a copy of the information I requested.  Below is the following information that is required by the LDS Church to submit to the City of Lehi.  The Lehi City Planning Commission approved the site plan application.  I want to make sure that the LDS Church provided the City of Lehi every single items as required in the Application Requirement for Site Plan.

I can absolutely, 100% guarantee you the reader that the LDS Church DID NOT submit all the required documents and therefore should not have received Planning Commission site plan approval.

I have also requested from the city the following in GRAMA request, which the city has refused to provide me.

Application for Concept Review of the LDS Stake Center

I did receive a Copy of the Concept Review application for the Thanksgiving Point Office building and of the 22 items Required by the city, the LDS Church only provided 4 of those items.

Application for Conditional Use Permit Approval for the LDS Stake Center

Application for the Final Subdivision Plat Approval

Application for the Preliminary Subdivision Plat Approval.  These two applications MUST have been submitted to the City as required in Chapter 28 together (at the same time) in order for the Chief Building Officer and Public Workers Official to be able to sign off on the creation of the Family Search Plat.  I can almost assure you, these two required applications were not submitted simultaneously as required by Chapter 28. Actual language in the code, "The Preliminary and Final Plans shall be submitted and reviewed simultaneously."

Application for Permitted Use Approval.

Application for Grading Permit

Application for Preliminary Site Plan/Final Grading and Utility Plan Approval

Application for Site Plan Approval

I have requested copies of all the following applications as submitted by the LDS Church regarding the Family Search project. 

I am still waiting for the information I have requested.  The reason they will probably not provide me the information I requested is BECAUSE they DO NOT have the information I requested.  You can't provide something you don't have and if you don't have it, you are required by Lehi City Development code to not approve ANY project until you get ALL the information required in the applications.

The LDS Church did not submit all the information as required, word for word, line by line, precept upon precept yet they received site plan approval and have begun grading the Family Search Plat without even a grading permit. 

The City has a big time ethics problem which I have made them aware on numerous occasions (since August 2015).  I find it highly unethical for members of the LDS Church to reviewing applications or lack thereof of the LDS Church they are a member of.  I have written a few blogs on this subject.

Bottom Line, LDS Church should stop this development until they come into complete compliance with the Lehi City Development Code. You are not above the law.

Below is section 11.240, application requirements for site plan.  The LDS Church did not provide all the information as required and therefore should not have received site plan approval from the Lehi City planning commission.


 
Section 11.240. Application Requirements for Site Plans. (Amended 5/22/01; 08/13/02; 04/27/10; 07/10/12)

The following information is required for all Site Plans. The applicant may be required to provide other information required by the Reviewing Departments, Commission or City Council to evaluate the merits of the proposed site plan.

A. General Requirements. The Site Plan shall be prepared in pen and the sheets shall be numbered in sequence if more than one (1) sheet is used and shall not be less than thirty-six by twenty-four (36 x 24) inches. All engineering and/or surveying documents submitted for City review shall be stamped by said engineer or land surveyor in accordance with the procedures of the Utah State Board for Professional Registration. The applicant shall submit seven (7) thirty-six by twenty-four (36 x 24) inch copies, three (3) eleven by seventeen (11 x 17) inch reproducible copy, and one electronic copy in PDF format. The City may request additional copies if required.

B. Features to be shown on Site Plan. The Site Plan shall show the following:

1. Name of development.

2. Surveyed boundary of the Site Plan accurate in scale, dimension and bearing including all adjacent and contiguous property under the control of the owner (even if only a portion is to be developed) giving the location and ties to the nearest horizontal control monument and section corner, benchmark, or monument (if survey is required).

3. Graphic and written scale at no more than one (1) inch equals one hundred (100) feet or as rec-ommended by City Engineer.

4. North arrow.

5. Topographic contour intervals of no greater than two (2) feet, unless otherwise stipulated by City Engineer.

6. Location and names of adjacent proper-ties/property owners and platted subdivisions.

7. Location of zoning boundary lines within and adjacent to the proposed Site Plan.

8. Location of existing easements or right-of-way, including those contiguous to the platted ar-ea, their nature, width, and the book and page number of their recording in the County's records.

9. Location of proposed easements including any required easements for water, sewer, drainage or irrigation, temporary turnaround easements and a ten (10) foot public utility easement along front lot lines and any rear lot lines adjacent to a public right of way or as otherwise required by the City in order to accommodate necessary public utilities.

10. Location, height and type of existing fence  


lines within and contiguous to the Site Plan.

11. Location, type, and height of any new fencing, berming or other buffering to be installed as part of the development including any fencing required to comply with Section 12.080 – Project Buffering and Screening Requirements or Section 18.010 - Right to Farm.

12. Location and dimensions of all existing buildings within the proposed Site Plan with an indication of whether the buildings are to remain or be removed.

13. Location, dimensions and square footage of all proposed buildings as part of the site plan.

14. Building setback lines (building envelopes).

15. Location and extent of all cuts and fills exceeding (3) three feet anywhere on the project site and any associated retaining walls.

16. Location of existing features within and contiguous to the proposed Site Plan including:

(a) Existing public utility easements.

(b) Irrigation ditches.

(c) Drain pipes

(d) Drainage channels

(e) Culverts

(f) Railroads

(g) Bridges

(h) Power lines

(i) Water bodies

(j) Springs or water sources within twenty-five hundred (2,500) feet

(k) Equestrian, pedestrian and bicycle trails

17. The location of existing and proposed roads including their names, dimensions, and cross sec-tions.

18. The location and width of all existing and proposed entrances onto adjacent roads.

19. The location, dimensions and surface type of all parking facilities including handicapped stalls and loading areas, and the location and dimension of backup isles.

20. Location of all existing and proposed curb, gutter and sidewalk within the Site Plan including:

(a) An indication of the grades

(b) Flow arrows showing direction of storm

water surface flows

21. Location of any necessary temporary turnaround easements for emergency access on dead end roads.

22. If adjacent to a state road specify UDOT access size and location (UDOT approval will be required)

23. Location and size of existing and proposed culinary and pressure irrigation water lines (including existing lines adjacent to and/or affected by the proposed Site Plan).

24. Location of existing and proposed sewer mains including size, depth, and slope (including existing lines adjacent to and/or affected by the proposed Site Plan).

25. Existing and proposed storm drainage improvements including:

(a) Major drainage facilities, outfalls, and discharge

(b) Drainage pipe locations, sizes and depths

26. Location of detention/retention basins with an indication that the basin(s) will include the following:

(a) minimum 1 foot freeboard

(b) 3:1 slopes or flatter

(c) Grass covering and underground sprinkler system

(d) Designation of the purpose and conditions, if any, of the dedication or reservation

27. The location, size and grade of any required piping for irrigation ditches.

28. Location of solid waste container(s).

29. The location, dimensions, materials, and colors of signs, including the type and height of those signs.

30. Location, type, and height of any new fencing, berming or other buffering to be installed as part of the development, including any fencing required to comply with Section 12.080 – Project Buffering and Screening Requirements or Section 18.010 - Right to Farm.

31. Identification of natural features or sensitive lands including, but not limited to:

(a) Wetlands.

(b) Floodplains, floodways and areas, which would be covered in water in a 100-year storm event.

(c) Areas where ground water rises periodically to within two (2) feet of the surface of the ground.

(d) Slopes exceeding thirty (30) percent.

(e) Vegetation areas (including name and size of all existing trees and shrubs which could be incorporated into the Site Plan).

(f) Threatened or endangered species habitat areas.

32. Landscaping Plan for all landscaped areas which includes:

(a) Planting areas with a list of the name, number and size of plants designated for each area.

(b) Location, name and size of all existing trees and shrubs to be incorporated as part of the landscape plan.

(c) Location and sizes of any proposed irrigation facilities adequate to maintain the planting areas.

33. The location of all existing and proposed out-door lighting fixtures and the manufacturers specifications of the area to be lighted with such fixtures including:

(a) Exterior lights

(b) Parking lot lighting

(c) Transformer

34. Location of solid waste container(s) including design provisions for screening.

35. If roadway dedication is required, a notation of the distance from the asphalt centerline of each existing road to the new property line of the Site Plan.

36. Calculation of Site Plan areas including:

(a) Total acreage.

(b) Amount landscaping (shown in square feet as well as a percent of the total acreage).

(c) Square footage of all impervious surfaces, including the roof top area of all buildings, roads and parking facilities, curb and gutters, walks, loading areas, and asphalt or concrete aprons for solid waste containers, or outdoor mechanical equipment.

37. Construction/plan & profile drawings of all

required public improvements consistent with Lehi City Design Standards and Public Improvement Specifications. Construction drawings shall include:

(a) A utility index or cover sheet at the same scale as the Preliminary Plan which includes all of the information from the approved Preliminary Plan, including any changes or modifications required for preliminary approval and all public utility information.

(b) Location, depth, pipe type, and slope of all drainage, sewer and irrigation (in conformance with letter issued by the irrigation company) lines including the location and proper spacing of all boxes, manholes and other improvements and details of any detention basins and related piping and orifices.


(c) Location, pipe type, and size of existing and proposed culinary and pressurized irrigation lines and associated fire hydrants, valves, and blowoffs (note where bends are required on water lines).

(d) Cross sections of all roads including pavement design, base and sub base amounts (indicate the CBR value used to determine the amount of sub base required on the cross section).

(e) Location of power line extensions, street-lights, domes and transformers.

(f) Street signs and traffic control signs.

(g) Two (2) 8 inch Utility casings where required at intersections and/or utility crossings.

(h) A note stating that three (3) sets of as built drawings shall be submitted to the City upon completion of the public improvements.

(i) All other specifications, details, and references required by the Design Standards and Public improvements Specifications and Standard Drawings.

C. Additional Information Required. In addition to the Site Plan, the applicant shall provide the follow-ing information:

1. Proposed building elevations including the height, colors, and proposed building materials.

2. A development phasing schedule (if applicable) including the sequence for each phase; approximate size in area of each phase; and, pro-posed phasing of construction of public improvements, recreation and common open space areas.

3. Drainage system calculations and an explanatory narrative stamped and signed by a licensed engineer (For detention/retention basins, submit calculations to justify sizing based on 100 year design storm).

4. A statement from the appropriate agency accepting responsibility for all surface and subsurface drainage that is directed into channels owned by the agency (such as irrigation companies, private landowners, etc.)

5. A written statement from the appropriate agency (such as irrigation companies, private land owners, etc.) regarding the effect of the proposed subdivision on any irrigation channels or ditches and any piping or other mitigation required.

6. A letter from the Army Corp of Engineers regarding any wetland areas within boundaries of the proposed plat.

7. If the Site Plan is proposed as a PUD, the applicant must complete an application for PUD and provide detailed information regarding proposed features including building elevations, materials, and amenities.

8. Where required, three (3) copies of the California Bearing Ratio (C.B.R.) test results.

9. Prepared easements for any necessary offsite water, sewer, or drainage easements across privately owned land, or for temporary turnarounds.

10. Any necessary deeds or boundary line agreements necessary for approval of the Site Plan.

11. Any required UDOT approvals for access etc.

12. An engineer’s estimate of costs for construction of all required public improvements.

13. A preliminary title report covering all the property located within the Site Plan. The report shall be prepared or updated within thirty (30) days of the date of the Site Plan approval.

14. A final copy of any restrictive covenants (CC&Rs), reservations, or private easements.

15. Letter from the Utah County Health Department regarding any proposed septic tanks or leach fields.

10. Prior to issuance of a building permit, the new property line adjacent to existing roads must be staked.

In addition to the requirements of this Section the applicant may be required to provide other information required by the Reviewing Departments, Commission or City Council necessary to evaluate the merits of the proposed Site Plan.

Section 11.250. Site Plan Approval Process. (Amended 5/22/01; 08/13/02; 11/09/04)



The review and approval process for a Site Plan shall be as follows:

A. Permitted Uses.  

1. Site Plans associated with a permitted use and with a total valuation, including building and all associated site improvements, less than $500,000 dollars shall require review and approval by the Zoning Administrator and Public Works Director. The Zoning Administrator or the Public Works Director may request that the approval of a Site Plan be forwarded to the Planning Commission, following a Reviewing Departments review, if they determine a project is likely to have a significant impact on traffic, environmental quality, lighting, compatibility of uses, or the health, safety, or general welfare of the surrounding proper-ties, property values, or residents.

2. Site Plans associated with a permitted use and with a total valuation, including building and all associated improvements, greater than $500,000 dollars shall require approval by the Planning Commission, following a review by the Reviewing Departments. The Planning Commission may require that the approval of a Site Plan be forwarded to the City Council if they determine a project is likely to have a significant impact on traffic, environmental quality, lighting, compatibility of uses, or the health, safety, or general welfare of the surrounding properties, property values, or residents. The Planning Commission and or City Council may hold a public hearing on any project likely to have a significant impact on the surrounding property, values or residents.

B. Conditional Uses. The approval process for Site Plans associated with a Conditional Use shall be the same as that required for the issuance of a Conditional Use Permit as outlined in Section 09.030 including review by the Reviewing Departments and approval by the Planning Commission following a public hearing.

Section 11.260. Lack of Site Plan Information. (Amended 08/13/02)

The lack of information under any item specified in Section 11.210, or improper information supplied by the applicant, may be cause to find the application in-complete or for disapproval of a Site Plan application.

Section 11.270. Multiple Sheets and Plan Accuracy.
Multiple sheet site plans may be used. All sheets shall be numbered and referenced to an index map, and all required certificates shall appear on a single sheet (along with the index and vicinity maps). Bearings shall be shown to the nearest second; lengths to the nearest hundredth foot; areas to the nearest hundredth acre.

Section 11.280. Nature and Effect of Site Plan Approval. (Amended 08/13/02)

It is the intent of this Code that approval of a Site Plan be a ministerial action by the City assuring compliance with the requirements of Section 11.210 and Section 11.250 of this Code and any conditions imposed by the Reviewing Departments, Planning Commission or City Council for site plan approval. After a Site Plan has been approved by the Reviewing Departments, Planning Commission or City Council and no subdivision plat is required, the applicant may apply for building permits consistent with the approved Site Plan. No building permit application may be approved by the Chief Building Official unless the approved building permit conforms to the approved Site Plan.

Section 11.290. Effective Period of Site Plan Approval. (Amended 08/13/02; 07/28/09)

The approval of a Site Plan shall be effective for a period of one (1) year from the date that the Site Plan is approved by the City at the end of which time construction shall have commenced or a building permit application has been submitted and is being reviewed by the City. If site improvements have not commenced within the one (1) year period or as extended according to the provisions of Section 10.120, or a building permit application has not been submitted and building permit issued the Site Plan approval shall be void, and the applicant shall be required to submit a new Site Plan for review and approval subject to the then existing provisions of this Code and General Plan.

Section 11.300. Proceeding With Construction. (Amended 2/13/01; 08/13/02)

Following the approval of Site Plan with the City the developer/owner may proceed with construction in accordance with the applicable provisions of the Lehi City Design Standards and the Public Improvement Specifications.

Section 11.310. As-Built Drawings. (Amended 02/13/01)

At the completion of construction of any public or private improvements (and prior to final escrow release) the developer/owner shall deliver to the city three (3) sets of "as-built" drawings. These drawings shall show all approved changes made during construction and provide physical ties for all water lines, valves, sewer lines, manholes, etc. All bonds held by the City will not be released until the "as-built" drawings are received by the Zoning Administrator.

Section 11.320. Guarantees and Bonds.
(Amended 02/13/01; 3/11/03; 11/18/03; 11/15/05; 05/22/07; 01/08/08:07/28/09; 04/26/11)

A. Based on a cost estimate submitted by the developer/owner’s engineer, the City Engineer or Building Official shall prepare the bond estimate, revising the costs as required to match prevailing conditions for the construction and installation of all required public improvements as well as all private improvements required pursuant to the site plan approval process, and including a twenty percent (20%) contingency fee. A performance bond shall be posted by the developer/owner guaranteeing the construction of all required public and private improvements. Said bond (the "bond") shall be in the form of a Cash Escrow Bond or Irrevocable Letter of Credit. The form must be approved by the City Attorney and must be issued by a financial institution having an operating branch in the State of Utah and insured by the FDIC (Federal De-posit Insurance Corporation or NCUA (National Credit Union Association). The form shall be acceptable to the City, unless otherwise approved by the City Council due to extraordinary circumstances. The properly issued and executed bond, together with all required inspection fees shall be submitted to Lehi City before any building permits will be issued. The bond shall be held for a two-year construction period, unless extended in writing by Lehi City.

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