Key Points
The proposed
commercial office building and LDS Stake Center at Thanksgiving Point CANNOT be
developed as proposed for numerous reasons, a few of which are as Follow:
Chapter 28,
section 28.060 (d) states:
“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.”
Ombudsman
I have
contacted the Office of the Property Rights Ombudsman and requested an advisory
opinion as to whether or not the City of Lehi, the applicants, Thanksgiving
Point and Beesmark LLC are in compliance with All the codes and ordinances as
required by the City of Lehi and Thanksgiving Point Architectural guidelines
and if the applicant is contractually obligated to perform as written on a
Special Warranty Deed they signed (this is a legal issue).
I have
presented the Ombudsman with a 51 page brief which scrutinizes Lehi City Code
and Thanksgiving Pt code and which clearly shows that the applicant have
violated countless provisions in the code and is not following the spirit of
the code and is not in compliance with either Lehi City or Thanksgiving Point.
The city,
along with the applicant and Thanksgiving Pt will be sent a letter from the
Ombudsman requesting a response to my inquiry.
Each of these entities will have a chance to respond to my stance that
the applicant is not in compliance with numerous provisions of either the Lehi
City Code or Thanksgiving Pt code.
Code
violations (sample)
Here are just
a few examples of the violations where the applicant is not in compliance
(there are literally dozens).
Most of
Chapter 28
Violation:
The proposed developments. ALL of
Lehi’s City codes as described in Chapter 28, governing Resort Communities,
specifically……
Lehi Section
28.070
Which defines the following, Building
Design, Parking, Access and Traffic, Roof Design, Materials, Signage and
Lighting.
A few quick examples:
Violation: Building
Design:
The proposed development according to an 84 page document
submitted to the city and accessible on the cities website titled, “Declaration of Covenants, Conditions and
Restrictions and Reservation of Easement for Thanksgiving Village – A Planned
Unit Development”, clearly identifies the single family residents in
Thanksgiving Village to be ADJACENT to the proposed development which would
limit the buildings on the development to be 2 stories or 35’ in height. Courts MOST assuredly uphold the FACT that
Thanksgiving Village and those who live in single family homes are ADJACENT to
the proposed development, stopping the development from being built as
proposed. A good hard look needs to take
place at the city before they involve our city in a potential legal battle over
this issue. A legal battle would cause the city, the developer and the person
who files the lawsuit a great deal of time and money and put the development
project on hold indefinitely.
Violation: Access
and Traffic.
Lehi City code states: Direct
access from an arterial or collector street to the office and professional
services uses MUST be provide. The
access from the proposed development is Garden Drive which in ALL city maps, websites
and masterplan is defined as a road and not a collector street or arterial.
In the application, engineering considers Garden Drive to be
a collector street. Engineering may
consider it for the purpose of this development to be a collector street that
does not make it a collector street. Just
saying it is a collector street does not make it a collector street, it needs
to be defined as a collector street by Lehi City Code and shown as a collector
street on ALL city maps and Master Transportation Plan.
A collector street as defined in Chapter 2 of the Lehi City
Code section 2.02 states the following:
A. ALL streets in an adjacent to the
subdivision MUST CONFORM to the major street master plan of the city.
Lehi City
Master Transportation Plan, adopted by the Lehi City Council on May 12, 2015
(less than a year ago) shows Garden Drive as a street (road).
Lehi City
Street map, produced by Lehi City GIS, Jason Dewill, GIS Coordinator, August
26, 2016 shows Garden Drive as a Road.
D.
Street width is to be measure from lot line to lot lines. The minimum width of streets according to
the Lehi City Master Transportation Plan, unless otherwise expressly permitted
by the CITY COUNCIL (not the city engineer), shall be measured as follows:
Street
Type Asphalt Width
Local
Streets
34’
Minor
collector streets
38-44’
Major
collector streets
48’
Garden drive
at its maximum point is 33’, 5’ short of the minimum requirement. It does not even qualify as a street by code
definition. To be a street it MUST be a minimum of 34’, Garden Drive at its
maximum point is 33’. It certainly is disqualified from being a collector
street for several different reasons.
The Lehi Master Transportation plan shows pictures of
proposed typical street sections which it adopted on May 12, 2015.
Garden Drive does not resemble any of the proposed typical
streets.
Other problems with attempting to consider Garden Drive a collector
street.
Garden drive has a single dividing line, 1’ in width.
Garden drive has no parking (red) for a large portion of the
street.
Garden drive beyond Crooked Stick (Thanksgiving Village)
speed limit is reduced from 35 to 25 until it hits 2150 N.
Garden drive at Crooked Stick begins entering a residential
neighborhood.
There is NO white line delineation for parking or a bike lane
as show in the Lehi Master Transportation Plan. White line delineation for
parking or for a bike path or both MUST show on a collector street.
Garden Drive does not appear on any city map as a collector
street. In the application put forth by VCBO for the commercial office
building, Garden Drive was not defined as a collector street.
Mr. Powell for the purposes of this development can’t
redefine Garden Drive as a collector. Garden Drive could never be a collector,
it does not meet Lehi Master Transportation standards, it is not identified as
a collector streets anywhere on a Lehi City map or city code or city website.
A violation of either of these provisions of the code would put
the proposed development on hold until they come into compliance with Lehi City
code exactly as it is written, word for word.
Roof design:
Kim Struthers in a DRC meeting said the following: “The
resort community development standards state that flat roofs shall be avoided.
Recommend considering additional architectural features to break up the
roofline.”
To date, the roofline on the proposed commercial office
development is FLAT. This is a violation of Lehi City Code.
Section 37.010 of the Lehi City Code Commercial Design
Standards, Architectural Standards.
Code states: (1) General Design Concepts. “New developments
shall be designed for its specific context with a design unique to Lehi
City. DEVELOPMENTS CONTAINING TWO (2)
(COMMERICAL OFFICE BUILDING AND LDS STAKE CENTER) SHALL POSSESS A SIMILAR
DESIGN THEME AND THE SITE SHALL BE DESIGNED SUCH THAT THE OVERALL DEVELOPMENT
IS COHESIVE. BUILDING ARCHITECTURE, BUILDING MATERIALS AND COLORS SHALL
COORDINATE.
Violation: Currently, the Lehi Stake Center and
Commercial office complex are not cohesive in building architecture, building
materials, colors and do not coordinate as required by this section of the
code. Merely looking at the proposed pictures of each building, one can see
they in NO WAY coordinate with one another, neither are they harmonious and
blend in with the surrounding architecture (single family residents and
Thanksgiving Point club house) – another violation of Lehi City Code.
Traffic Study and Parking:
A major flaw was revealed in the traffic study and parking
analysis commissioned by the applicant; namely, they did not provide a single
parking stall or account for a single car coming to and from the Family Search
and Discovery Center, an 8000+ square foot proposed use within the commercial
office building. In an earlier meeting
the applicant touted how wonderful the NEW Family Search and Discovery Center
would be. They mentioned that between
500 and 1500 hundred people would be visiting the center each and every day.
Problem with this as we look at Lehi City Code and Thanksgiving Pt code is that
fact that they do not take into account a single car coming or going or parking
at this beacon on the hill discovery center. We were told people from
throughout the Mountain States would make a pilgrimage to this center, that
busloads of people would make their way to this center and spends days doing
genealogy research.
Big Problem, the applicant failed to account for a single car
going or going to this center, they failed to account for a single parking
stall for this center, they failed to provide any bus or RV parking which
certainly would be a requirement for those traveling long distances and
spending days at the center.
Violation: Bottom line on traffic and parking
Parking does not meet either Thanksgiving Pt or Lehi City
code even if you take the shared parking code into account. Secondly, traffic
which is already at an F level as revealed by the study will only get worse.
In conclusion:
This project is not in compliance with either Lehi City Code
or Thanksgiving Pt code.
Neither applicant has received approval by the TPARC. (This
reason alone should disqualify this project from receiving approval from the
Lehi city planning commission)
The applicant (s) have both failed to meet Thanksgiving
Points architectural guidelines.
3. Guideline enforcement
“ALL new land users are REQUIRED to have APPROVAL for their
desired use and design for the property from the DCC prior to submitting for a
city building permit. Any changes in existing portions of the development,
including any structure, area or item described within these guidelines, MUST
also receive approval from the DCC.
The applicant has not received approval for either the
commercial project or the LDS Stake Center (conditional use).
The applicant fails to meet the code standards set by Thanksgiving
Point in the following areas; Building
Setbacks, Parking Lot Setbacks, Parking lot standards, Landscape ratio,
Building Height, Roofing, Trees, Steetscape and parking area, Off Street
parking.
By the way, the Thanksgiving Point map for the resort community
defines Garden Drive as a street.
It is a bit premature to be approving a project that has not
been approved by Thanksgiving Point and where the project Lehi City code
adherence is in question. Approving this
project will only lead to an appeal and future lawsuit. Better that the planning commission ask the
applicant to wait for Thanksgiving Point approval and demonstrate to the City
that they are in 100% compliance with EVERY LEHI CITY CODE EXACTLY AS IT IS
WRITTEN. Right now they ARE NOT.
In fact there are so many violations to the code that it took
me 51 pages to briefly identify them and I am certain I have missed many
others.
Ethics
Utah League of Cities and Towns handbook which is regarded as
similar to the bible on how cities and towns conduct business states the
following in their ethics section:
Page 43, The Municipal Officers and employee’s ethics act
sets up a disclosure system for conflicts of interest.
Two types of disclosures may be required, written and
oral. Oral conflicts of interest must be
made in an open meeting to the members of the body which he is a member
immediately before the discussion about the topic involved in the conflict of
interest.
It goes on to say, the following must be disclosed.
(5) The nature of the PERSONAL CONFLICT OF INTEREST.
I have requested and received personal conflict of interest
forms in which there is not a single individual has indicated they have a
personal conflict of interest with the applicant’s organization even though
they are a member of that organization.
Violation:
City employees (DRC), those appointed by the city (planning commission)
and those elected to the city (city council, mayor) have a responsibility to
disclose in writing and in an open air meeting their membership status on any
project presented to the city involving the organization in which they are a
member. To date, these individuals see fit to violate the Employee’s ethics act
as they are required to disclose ALL personal conflicts of interest including
their membership in an organization where they are reviewing and approving
applications and building permits.
I have requested 50 GRAMMA request and am waiting for answers
to each and every one of them. I am certain the information I have requested
will show multiple other violations of the code.
Summary
This project needs to be put on hold
and the conditional use planning commission meeting (by Trio Design) scheduled
for Thursday needs to canceled until the applicants come into compliance with
the code, the applicant has received written approval by TPARC (which they have
not) and the city and Thanksgiving Pt need to hold the applicant accountable
for each and every word exactly as it is written within the code, without
exception. The responsibility of those
who work for the city and who are elected or appointed to city government MUST
put the residents of the city of Lehi first and protect our safety, health and
welfare before the desires of an outside applicant who only has their best
interest in mind.
Additional problem with the application
The application submitted by the applicant references Section
09-050 (b), this is incorrect, the proper reference for the code that they
described in their narrative is 09-060 (a)
The applicant reference Lehi City code but does not include a
narrative as proof that they are in compliance. Simply referencing the code
without providing proof you are in compliance does not mean have met the code,
it simply means you referenced the code in the application. I will provide FACTUAL evidence that the applicant
has not followed Lehi City or Thanksgiving Point code EXACTLY as it is written,
WORD FOR WORD.
In the Analysis section it states, “As per Section 28.070
from the development code, building architectural design, construction
materials and color palate must tie into surrounding buildings. The following analysis is STAFF’S
INTREPRETATION of how that section is being met.
This is merely staff’s interpretation (opinion). This does not mean that it is factual, just
an opinion. I will be able to provide
FACTUAL evidence of major violations to the Lehi City and Thanksgiving Pt code
which is not my opinion, but FACTUAL.
This project needs to be put on hold until the applicant
comes into compliance with ALL LEHI CITY AND THANKSGIVING PT CODE AND
ORDINANCES.
Section 09.020 Application Requirements reads as follows:
A.
Application.
All requests for a Conditional Use permit shall be made on the application form
provided by the city and shall detail the nature of the conditional use
request.
B.
Documentation. Along with its application, the applicant
shall ALSO provide any documentation in support of the prosed conditional use,
including the information contemplated by Chapter 11 of this code for the
submission and review of a plat or site plan, whichever is applicable.
C.
Submission. Completed applications, along with
supporting documentation, shall be submitted to the Planning Department. The
Planning Department shall ensure that the application and supporting
documentation are complete before forwarding the application to the reviewing
departments. The reviewing departments shall review the application and
corresponding supporting documentation and shall provide reports, comments and
recommendations to the commission. If the reviewing departments determine that
more information is needed from the applicant before the reviewing departments
can provide reports, comments and recommendations to the commission, the
applicant shall be notified to provide any such required additional
information.
Comment: There was a single DRC meeting 3/24/2016
which lasted a total of 30 minutes. Prior to this meeting, the planning
department should have already reviewed ALL the supporting documents and made
sure they were accurate and complete before they forwarded them on to the
reviewing departments. There is no
evidence supporting this! The reviewing departments shall review the
application and corresponding documentation and provide REPORTS, COMMENTS and
RECOMMENDATIONS to the commission. There
is no evidence that there are any reports created by the reviewing
departments. In fact in the single DRC
meeting, Glade, Todd, Gary, Mike, Ross, and Craig had no comments, no reports,
no recommendations. Six of the 9 DRC members failed to even comment in the 30
minute meeting.
Planning commissioners: Have you seen a copy of the completed
application? Have you seen any reports or supporting documents supporting the
applicants request for a conditional use permit? Have you seen an approval letter from
Thanksgiving Point Architectural Review Committee indicating that this project
meets ALL Thanksgiving Point codes and ordinances? Have you seen a written
statement produced by the two architects showing that the two buildings are
architecturally compatible as required in Section 37.010 of Lehi City Code? DRC
redline comments state: “Staff encourages the Developer to match the building
materials of the church with those of the phase 1 Family Search Building”, they
further state, “this item is still pending completion.”
So why are we even considering
approving a project that is not close to being ready to be approved. There are way too many lose ends for this
project to even come before the planning commission.
The planning commissions only choice
is to table this approval process for another day.
Section 09.040 Granting/Denial of Application,
in part says the following.
“The commission may require the
applicant to return at a continued public hearing to provide additional
information before the commission renders its final decision.”
The commission has the right to grant
a conditional use permit, deny a conditional use permit or request the
applicant provide additional information.
I request that you ask the applicant
to provide additional information that supports the conditional use permit. I
request you require the applicant to be in 100% compliance to Lehi City and
Thanksgiving Point codes and ordinances. I request you wait to approve until
you have approval from Thanksgiving Point that they have met their code. I
request you wait to approve the application until several legal issues are
ferreted out with Ryan Woods. I suggest you wait to approve DRC, the applicant
and Thanksgiving Point have had time to present a 100% iron clad application
without blemish. Currently this application is far from complete.
Thank you for your time and attention
to this matter
Feel free to contact me if you have
any questions.
Bill Conley
801 867 7227
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