LDS Church VIOLATING Lehi City Land Use Development Code AGAIN for the umpteenth time

Below are three emails I sent to the Lehi City, Utah Mayor, Bert Wilson, the City Attorney, Ryan Woods and the Public Works Director, Todd Munger.

In these emails I was determined to find out if the LDS Church had received a permit to grade the 12 acre Family Search Plat.  I have yet to hear back from the city as to whether or not the LDS Church had secured a grading permit as required by Lehi City Development Code.

The code also indicates that properties (properties, not development projects) that are 10 acres or more must receive approval from the city council and planning commission for the grading prior to the grading permit to be issued by the Public Works Director.

I know the game the City and the Applicant are playing. They have divided the Family Search Plat into two projects, even though they are the same development on the same property (Family Search plat is a single lot subdivision). The purpose of this is to get around this having to come before the planning commission and city council and be subject to a public hearing.  If each project by itself is less than 10 acres, they don’t have to appear before the city council and planning commission. This IS NOT the case on this property, this project or this development!

Everything about this project screams out they are one in the same.  Let’s look at a few facts.

The City of Lehi Land Development Code requires a grading permit for all properties that exceed 1 acre.

The Family Search plat is a single lot subdivision – 11.99 acres.

The Family Search Commercial Office Building and LDS Stake Center will be constructed at the same time.

The Family Search Commercial Office Building and LDS Stake Center will share parking. IN FACT without each other there would be a big time parking problem.  The Church could exist without the Commercial office building alone and the Commercial Office building could probably exist without the church alone, if you put the two buildings side by side, they cannot exist without each other. Thus, they are one in the same, dependent upon one another.

The Family Search commercial office building REQUIRES the parking space that has been allocated to the LDS Stake Center.

The LDS Stake Center requires the parking space of the Family Search Commercial office building.  The city has allocated only 74 parking stalls for the LDS Stake Center.  A typical Stake Center has over 260 parking stalls. The LDS Stake Center could not exist as the city has defined its parking space without the Family Search allocated parking space.

The grading and excavating of the Family Search plat is for the entire plat. The parking and infrastructure for both buildings will be done at the same time. The parking lot for the LDS Stake Center will be constructed at the same time as the Family Search Office building. Again, one could not exist without the other. You could call them separate projects, but that would be disingenuous.

The Thanksgiving Point Office Site Approval Application that was presented in the Lehi City planning commission meeting March 24, 2016 by Lehi City planning staff said the following:

Applicant:  Sean Onyon, VCBO Architecture

Requested Action:  Approval of a commercial site plan

Location:  3201 North Garden Drive, Thanksgiving Point

Project area:  Approximately 12 acres.

Last review date:  March 16, 2016

So even the application for the commercial office building indicated the project area to be approximately 12 acres thus requiring planning commission and city council approval and a public hearing for a grading permilt.

Let’s take a look at the application submitted by Brittany Johnson of Trio design for the Thanksgiving Village Stake Center conditional use and site approval

Lehi City Planning Commission Staff Report

Date:  April 28, 2016

Applicant: Brittany Johnson, Trio Design

Requested Action:  Approval of a site plan and conditional use

Location: 3201 North Garden Drive, Thanksgiving Point (look familiar, same address at the Family Search Commercial office building)

Project area: 1.29 acres (overall sit acreage approximately 12 acres, to be exact, 11.99 acres).

Date of last review: March 30, 2016 (few days after the Family Search commercial office building was approved by the planning commission).

Any way you look at it, this grading permit process should have come before the planning commission and city council.

Overall project 11.99 acres exceeds 10 acre requirement to go before city council and the planning commission.

Family Search application indicated the project area to be approximately 12 acres.

The LDS Stake Center project area indicated it would be 1.29 acres (overall acreage 12 acres).

If the LDS Stake Center is 1.29 acres, that would leave 10.7 acres for the Family Search commercial office building, still above the 10 acre threshold.

The Family Search Commercial Office building and LDS Stake Center must come before the planning commission and city council in order to receive a grading permit. Oh, but that would cost too much time and the LDS Church does not want the public to know what they are doing or have ANY public input.  Can you say, zero input on the Family Search Commercial office building! No time for a permit, the LDS Church is perfectly happy to be subject to fines. They still need a permit and still need to come before the planning commission and city council.

They are also playing games by having two different applicant’s present two different applications to the city for two different projects.  What is the common denominator?  The LDS Church owns the parcel, the LDS Church is building the Family Search Commercial Office building and the LDS Church is building the LDS Stake Center, the LDS Church will being using both facilities.

I dare the city to show me another development project like this that is so secretive, has received so little public input, has been split up to circumvent city code and where the staff and appointees are hostile to the residents of the city.

Oh, the games the city and the LDS Church are playing?  They can play these games all they like, in the end, the truth will be told and I intend to take this all the way to the 10^th Circuit Court of Appeals in Denver if I must.  I will prove beyond a shadow of a doubt that the LDS Church and the City are in cahoots when it comes to circumventing the Lehi Land Use Development Code.  The public attention and outcry will be worldwide, I can assure them of that!

They still require (must) a permit to grade the 12 acre parcel!

I did have a conversation with a police office on Saturday May 15^th in the evening and he indicated that the golf course is considered agricultural ground and therefore there was not permit required (that was what he was told by his superiors).  I told him this was incorrect.  The Family Search Plat is no longer part of the golf course and is owned by the LDS Church and therefore is required to receive a grading permit.  He told me to call back on Monday and talk with the SET team who is in charge of enforcing Lehi City Codes. Chapter 12- b does indicated that agricultural crop management is exempt of having to receive a grading permit.  I highly doubt the golf course is considered a farm and is routinely involved in crop management and most certainly the Family Search Subdivision would not fall under the banner of a farmed area needing routine crop management.
 The LDS Church is required to receive a grading permit from the city of Lehi prior to grading the Family Search Plat.  Failing to do so requires them to be fined $500 dollars a day and they are subject to a misdemeanor. 

There are numerous violations relating to this project. Grading permits and the grading permit approval process are examples where the city has allowed the LDS Church to violate Lehi City code while doing nothing about it!

 The LDS Church must come into compliance and go through the appropriate approval channels in order to receive a grading permit.

 The City needs to start enforcing its own code as it relates to the Family Search Project!

 Section 12-B.080 Grading Permit Violations

(Amended 11/12/13)

A grading project will be deemed in violation if any of the following occur:

A. Any grading that takes place outside the official surveyed area.

 B. Removal of survey stakes and/or not maintaining clearly marked survey stakes.

 C. Grading that removes more material than specified in the permit request.

 D. Trucks hauling from the grading site not following approved haul routes for following safe trucking standards.

 E. Grading that occurs after the grading permit has expired.

 F. Exceeding the average daily truck trips by more than ten percent (10%) in a 30 day period without requesting a higher average in writing.

 G. Any work is not performed in compliance with the SWPPP Plan.

 Section 12-B.090 Penalties

(Amended 11/12/13)

A. If grading occurs without a valid grading permit or outside the approved surveyed area the grading project may be stop work ordered and all work will be stopped. The stop work order will stay in place until the area graded outside of the approved area is returned to its original elevation and re-vegetated. If grading is conducted outside the surveyed area a second time no grading will be allowed for 30 days as well as the unauthorized graded area will be re-turned to original elevation and re-vegetated. If grading occurs a third time outside the approved area the grading permit will be revoked and the landowner or his/her designee must apply for a new grading permit paying the permit fee again as well as a new bond, if applicable and the disturbed ground outside the approved area must be restored before the new grading permit will be considered.

 B. The same rules apply for removal and maintenance of survey stakes, too much material removed and trucks not following designated haul routes or not practicing safe trucking standards.

 C. Grading that occurs without a valid grading permit or after the grading permit has expired will result in a minimum daily fine of five hundred dollars ($500) per day.

 D. Any person who is found to be in violation of an approved grading permit, or who is found to be in violation of this Code, may be charged with a mis-demeanor and subject to enforcement by the City, as per Section 34.010 of this Code.

                             Emails below

Third email

Grading permit (No subject)

William Conley

Sat 5/14

Ryan Wood (rwood@lehi-ut.gov);

tjmunger@lehi-ut.gov;

 Mayor

 I spoke to a person (elderly gentleman who said he was in charge) regarding grading that was taking place at the Thanksgiving Point Driving Range on behalf of the LDS Church. 

 I presented him a copy of Chapter 12-B of the Lehi Development code and asked him if he had a grading permit.  He said he did not have a permit.  I inquired further and asked him if he was aware of Chapter 12-B requiring this company to have a grading permit?  He indicated he did not need a grading permit, that he had a preconstruction meeting and their drawings were signed by the city.  I mentioned that parcels over 1 acre need a grading permit and that parcels of 10 acres or more require both planning commission and city council approval. He said he didn't know anything about that and that he was confident that the drawings signed by the city were all he needed. I disagreed and placed a copy of the Lehi Development Code, chapter 12-B in his vehicle and left.  I told him that grading without a permit is a misdemeanor and subject to a $500 day fine. 

 Grading continues on the Thanksgiving Point site apparently according the person in charge without a grading permit.

 I understood from Rachelle that a grading permit had been issued.  If it has been issued, why doesn't this gentleman know anything about it, why isn't it on site, why aren't there any stakes designating where they can grade, why isn't there a truck plan, who is the person from the street division overseeing this project, why isn't he requiring them to have the area staked, to have the grading permit on site and is there even a grading permit that has been issued or are they grading the site without a permit as required by Chapter 12-B?

 Has there been a grading permit issued for the Family Search project? If so, when was it issued? Has the Church posted a bond with the city as required? 

 Are you ignoring the code and allowing the church to grade the site without a permit?

 Is as grading permit required?  I believe so, if not, please explain to me why not.

 Below is a copy of the GRAMMA request I gave to the city,

 I want the city to enforce the development code exactly as it is written, word for word.

 I have contacted the police and will be filing a report with Corporal Marshall or Smith with the SET Team.

 This needs to be investigated.  If the church is grading the site without a grading permit, they must stop immediately. 

 If they have been issued a grading permit without all the required paperwork, they must stop immediately.

 Why isn't the city enforcing the code exactly as it is written, word for word?  Does the city actually believe they are enforcing the code exactly as it is written, word for word?

 I hope to hear back from you on Monday.  Please call me at 801 867 7227 to discuss or feel free to email me back with answers to my questions.

 I am a resident of Lehi and should not be ignored. My concerns are valid. I am only asking the city to enforce the city development code exactly as it is written so as to protect the health, safety and welfare of those of us who are residents in the city.

 Failing to enforce the code exactly as it is written signals to those of us who live in the city that you are not interested protecting our health, safety and welfare.

 Thanks

 Bill Conley

 

Second email

From: William Conley <billhytek@hotmail.com>
Sent: Tuesday, May 10, 2016 5:22 PM
To: Ryan Wood; kstruthers@lehi-ut.gov; Bert Wilson
Subject: Permit  

Gentlemen

I just spoke with both the building department and public works department.  Public works indicated that Sunroc would not be out their grubbing (grading) without a permit.  It appears that the permit for grading was issued by the city.  The building inspectors indicated that they received a building application on May 3, 2016 and it is in line to be approved.

Is this allowable? Please respond back.

Bill Conley

First email, this one I sent with a number of pictures (above) I had taken of the grubbing.

From: William Conley <billhytek@hotmail.com>
Sent: Tuesday, May 10, 2016 4:18 PM
To: kstruthers@lehi-ut.gov; Ryan Wood; Bert Wilson
Subject: Pictures 

Ryan and Kim

I noticed that the Thanksgiving Point driving range is being scrubbed today by a SunRoc employee. 

Has the LDS Church been issued a building permit? 

Can the LDS Church begin excavation while there is an appeal pending?  What happens if they lose the appeal? What happens if I lose the appeal and take it to court?  I am a little concerned the LDS Church has begun excavating the property.

Could you please reply to this email and let me know, if the LDS Church has been issued a building permit and secondly, are they permitted to begin excavating the property while there is an appeal pending?

Bill Conley

801 867 7227

Gramma Request exhibit 1

Section 28.060 Procedures for Establishment of Resort Community Zone

D. Effect of Area Plan Approval. If a proposed

Area Plan is adopted by the City pursuant to Chapter

15of this Code, all permits, licenses and development

must comply with the adopted Area Plan. Additionally,

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.

Request: If any of the development codes have been modified by this area plan, please provide me a copy of the modification and date of modification.

Request: Please provide me with a copy of the Application for Grading Permit submitted to the city by the applicant. Please provide me with ALL documents (as required by the application) submitted by the applicant with the Grading Permit Application.

Request: Please let me know when you have gathered all the documents in the GRAMMA request and I will come and view them at City Hall.

Failure to provide ALL the documents required in this GRAMMA request will be viewed that the applicant has not provided ALL the required documents to the city, which is a violation of the Lehi Development Code and the grading permit should not have been approved.

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.

1.    Once the application has been deemed complete, the grading permit application shall be placed on the Reviewing Departments agenda for consideration.

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.

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.

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.

Section 12B.060 Grading Permit Administration

(Amended 11/12/13)

A.   Before work begins on a grading project and after the bond is posted the Public Works Director will hold a preconstruction conference. The approved grading plans will be issued at this conference.

Request: Please provide me the name of the person from the Streets Department who is responsible for inspecting and monitoring the following.  (I will be following up with him to make sure the following items are being adhered to)

1. Grading is done only in the designated survey area.

2. Monitoring the approved extent and depth of the grading (both horizontally and vertically).

3. Verification that all required reports are submitted to the City. Reports must include daily logs of real-time data, and may be requested by the inspector weekly or daily if needed.  ( I will be following up and seeking a GRAMMA request daily or weekly if needed)

4. Reviewing the daily truck trips and the week-ly calculation of daily trip averages as outlined in 12-B.040 B. The effective capacity of each truck must be specified on every report.

5. Designated haul routes are being used and that safe hauling practices are being followed.

6. Reviewing a volumetric survey provided by the landowner or his/her designee, using a mutually agreed upon method, monthly.

Request: Please provide me with a document showing where the survey stakes for the grading are located.  I have been to the site and can’t seem to find the survey stakes.  This is a violation of the code. See code below:

Section 12-B.080 Grading Permit Violations

(Amended 11/12/13)

A grading project will be deemed in violation if any of the following occur:

B.    Removal of survey stakes and/or not maintaining clearly marked survey stakes.

Make sure the applicant has survey stakes maintained at all times.  See code below:

Section 12-B.090 Penalties

(Amended 11/12/13)

C.    The same rules apply for removal and maintenance of survey stakes

D.   D. Any person who is found to be in violation of an approved grading permit, or who is found to be in violation of this Code, may be charged with a misdemeanor and subject to enforcement by the City, as per Section 34.010 of this Code.

Request: Please provide me with a copy of the following required documents provided by the Applicant (LDS Church, Trio or VCBO) to the City for the Family Search Project on the Thanksgiving Point Golf Course.

Section 12-B.040 Grading Permit Submittal Requirements (Amended 11/12/13)

An application for grading permit shall include the following:

A. A narrative outlining the project. The narrative must include a reason grading is required.

B. A re-vegetation plan must be provided for any disturbed land, including slopes created by grading, and any vegetation that will remain. The following provisions shall also apply:

1. Conserve topsoil removed during construction for later use on disturbed areas as needed, and as approved by the City.

2. All disturbed soil surfaces shall be stabilized before final acceptance of the development by the City. Stabilization shall include, at a minimum, six (6) inches of topsoil and native seed mix or other suitable treatment.

3. Native seed mix and the process of application shall be approved by the City.

4. In all areas under ownership and control of the Developer, the Developer shall be fully responsible for any destruction of native vegeta-tion required to be retained, and shall be responsible for replacing destroyed vegetation.

C. A general vicinity map of the proposed site.

D. A meets and bounds description of the proposed grading site is required. The description must be submitted in hard copy and electronically, in a for-mat acceptable to Lehi City. The property limits and accurate contours of the existing ground must be provided.

E. A map of the subject area showing the elevations or finished contours to be achieved by grading

And the boundaries of the grading site as required by subsection D above. The map should show representative depth of cuts/fills on the grading plan, as well as any critical or sensitive lands as identified by Section 12.060 (J) (K) of the Lehi City Development Code. It should also include the specifications and recommendations on any associated soil compaction of the site.

F. The amount of material to be moved and/or re-moved must be provided. Extractable volumes must also be provided in both bank cubic yards (BCY) and loose cubic yards (LCY). Where applicable, in fill areas, compacted cubic yards (CCY) must be provided. The number of estimated total truck loads and the estimated number of truck loads per day must be provided.

G. A completion date must be provided. In no case can a grading permit be approved for a timeframe greater than one (1) year; however an extension may be requested if the project is not completed within the approval timeframe. All extensions shall be as per Section 10.120 of the Development Code.

H. The main haul route shall be outlined and shown on a map. A secondary haul route may be required when determined necessary. Haul routes should avoid school zones, and any areas of potential conflict where possible. The number of ex-pelted daily trips shall also be indicated. Haul routes for projects greater than ten (10) acres must be approved by the City Council

This project is more than 10 acres.  Please provide me with a document whereby the City Council approved the grading permit. Date and time of the City Council meeting and those in attendance.

I. A plan showing the locations of retaining walls in excess of four (4) feet.

J. A map of the subject area showing the location and type of erosion and sedimentation control devices. Some erosion is unavoidable. The resulting sediment must be trapped on the site, even during de-sign flood conditions. Construct sediment fences and sediment traps and basins before other land-disturbing activities occur. Sediment fences, traps, and basins must be properly maintained, regularly inspected, and cleaned as necessary. Dispose of the sediment removed during cleaning in a place where it will not flow back into the control structure. Con-sider the maintenance and repair costs of each erosion control practice before construction. Erosion and sediment control structures should be inspected and maintained. If not properly maintained, some practices may cause more damage than they prevent.

K. A written statement and or plan addressing the following provisions:

L. No person shall block, impede the flow of, alter, or construct any structure or deposit any material or commit any act which will affect normal or flood flow in any stream or watercourse without first obtaining a permit from the appropriate agency.

M. All engineering work shall be approved and stamped by a licensed professional engineer who can demonstrate experience in geotechnical or geological sciences.

N. The landowner or his/her designee will be required to post a bond for all restoration of graded areas. The bond will cover the cost of needed reclamation, at a minimum the cost of topsoil, seeding, and erosion control measures. The bond must be placed in accordance with City bonding procedures as per Sections 11.220 and 11.320, Guarantees and Bonds, of the Lehi City Development Code.

O. A current Storm Water Pollution Prevention Plan (SWPPP) and a Utah State Notice of Intent (NOI) will be submitted and maintained during the permit period.

P. Any grading near waterways will require a Stream Alteration Permit from the Utah Division of Water Rights, and a copy of that permit must be submitted with a grading application.  

Jordon River is near.