FACTS ARE IN, IT'S OFFICIAL - The Family Search Plat was created ILLEGALLY by the LDS Church and Staff at the City of Lehi, UT

The fact is the Family Search Plat was created illegally by the LDS Church and the Staff at the City of Lehi. The Staff at the City of Lehi believe (opinion) they followed the Lehi Land Use Development Code when they created the Family Search Plat, truth is, they did not! The facts obliterate their opinion and that is all they have, an opinion, unsupported by the facts.

The Facts are in and now it is official, the Family Search Plat was created illegally by the LDS Church and the staff at the City of Lehi Utah. Any development on the Family Search Plat will be done illegally as well since the plat itself is illegal!

The case is closed, the plat is absolutely illegal and the staff at the City of Lehi DID NOT follow the Land Use Development Code as required and created the Family Search Plat by breaking its own laws and ordinances. Problem is they don't see it that way. Problem with the staff at the city of Lehi, they have blinders on and everything having to do with this the Family Search Plat, the reviews and approvals is being done by breaking the law and ordinances the city has created to protect the citizens health, safety and welfare. Staff at the City of Lehi are so arrogant that they believe (their opinion, not fact) they have done NO wrong.  Read the following and see if you believe the LDS Church and the Staff at the City of Lehi have followed the laws and ordinances in the Lehi City Land Use Development Code, word for word, exactly as it is written. Not following the Code word for word, exactly as it is written means you are breaking the law and that is exactly what is being done by Staff at the City and the LDS Church.

Let’s take a look at Chapter 28 of the Lehi City Code governing resort communities and break it down word for word to see how the Family Search Plat created by the LDS Church is illegal.

To begin with, let’s review section 28.080, Development Approvals and Permits. The code reads as follows:

Following the establishment of a Resort Community Zone, and approval and adoption of an Area Plan by the City Council, the applicant (LDS Church) may prepare and submit application(s) for development approval including subdivision (3 approval's seen below)

Application for Concept Review

Application for Preliminary Subdivision Plat Approval

Application for Final Subdivision Plat Approval

Optional? Not Sure. Use2 instead of the first application (preliminary plat approval).

 and site plan approval

Application for Site Plan Approval

 pursuant to Chapter 11, Application Requirements, of this Code with the exceptions to the review and approval procedures as noted below.  Note: Review and approval, you still need to produce the completed applications shown above.

 The Applicant MUST make a COMPLETE submittal according to the requirements specified in Chapter 11 and the City’s current application form(s) prior to there view of any development request by the City. Note: It is my assertion that the LDS Church DID NOT submit any of the applications shown above.  I have requested a copy of the application and the required document submittals with the application from the City of Lehi, to date, they have not produced these and it is my understanding that these required applications do not exist because they were NEVER submitted to the city as required. 

The City recognizes the importance of timely reviews

when dealing with large scale resort projects. In order

to facilitate and expedite the review process, the following

review provisions shall apply to site plan and subdivision

applications within the Resort Community Zone:

A. Expedited Subdivision Review Process.

1. Minor subdivisions. Subdivision review and

approval MAY be granted by the Chief Building Official

and Public Works Director if ALL of the following

provisions apply:

(a) The subdivision includes less than ten(10) lots.

(b) The subdivision does not require the construction of ANY public improvements or the dedication of any public right of way.

The Preliminary and Final Plans shall be submitted and reviewed simultaneously,

and

the Chief Building Official and Public Works Director

are designated by the City Council as the officers having

authority, on behalf of the City Council, to approve and sign the final Document(s).

The lots in a minor subdivision will be divided by a metes and bounds document rather than a plat.

The Chief Building Official or the Public Works Director

MAY request input from the DRC, Planning Commission,

City Council or other City staff as deemed necessary.

The requirement for a public hearing and noticing shall be waived for all minor subdivisions. 

2. All other subdivisions shall require the City’s standard procedures for review and approval of a subdivision plat.

B. Expedited Site Plan Review Process.

1. Site Plans with a total valuation, including building and all associated site improvements, less than 10,000,000 dollars shall require review and approval by the Chief Building Official and Public Works Director. The Chief Building Official or the Public Works Director may request input from the DRC, Planning Commission, City Council or other City staff as deemed necessary.

2. Site Plans with a total valuation, including building and all associated improvements, greater than 10,000,000 dollars shall follow the City’s standard procedures for review and approval of a site plan including approval by the Planning Commission, following a review by the DRC.

C. Subdivision and Site Plan submittals which QUALIFY for review and approval by the Chief Building Official and Public Works Director should be reviewed within one week of the date a COMPLETE submittal is filed with the City, and in no case shall the time to review the submittal exceed two (2) weeks.

That is what the code said, now let’s break it down to see if the LDS Church and the City of Lehi Development Review Committee and Planning Commission followed the code word for word exactly as it is written.

In this post we will only be looking at the creation of the Family Search Plat and not the site approval for the Family Search Commercial office building or LDS Stake Center.

So what do they need to follow?

“the applicant may prepare and submit application(s) for development approval including subdivision and site plan approval pursuant to Chapter 11, Application requirements”.

If, they are going to submit applications for development including a subdivision they need to follow Chapter 11 application requirements.

Violation 1

What does Chapter 11 say about application requirements?

I won’t get into detail here, just the basics.

They need to file and application for Concept Review.

They need to file an Application for Preliminary Subdivision Plat Approval.

They need to file for Final Subdivision Plat Approval.
(Photo's shown above)

I have requested the city provide me copies of these applications as required by the LDS Church.  To Date, I have not been provided the application (s) for  Preliminary Plat Approval or Final Subdivision Plat Approval.  I don’t believe these exist.

I did receive a copy of an application for Concept review, dated June 11, 2015. In that application, there are 21 lines items requiring the submission from the LDS Church of critical and important documents.  They checked off that with the application, they had submitted documents for only 4 of the 21 line items.  It should be noted that the LDS Church did not own the Family Search Plat at that time.  The Family Search Plat was recorded nearly 1 month later at Utah County.  So why was the LDS Church preparing a application for Concept review on June 11, 2015 mentioning them as the owner of the property when they did not own the property until July 9, 2015? Can you see how the fix was in for the creation of the Family Search Plat? The LDS Church through their architect VCBO produced this application for concept review as though they were the owners of the property when they were not!

Application for Concept Review June 11, 2015

 All 21 line items need to be checked off, not 4 and it mentions that the information required with the application submission was a bare minimum and more information could be required going forth.

No Preliminary Subdivision Plat, no Final Plat and incomplete Concept Review application (s). This project was not ready to be reviewed by DRC, yet it was and went before the planning commission and they approved the project. This is devastating. The City of Lehi approved and allowed the creation of a subdivision in the dead of the night without all the required paperwork.

Violation 2

The code says:

“The Applicant must make a complete submittal according to the requirements specified in Chapter 11 and the City’s current application form(s) prior to the review of any development request by the City.”

The LDS Church DID NOT make a complete submittal according to the requirements in Chapter 11 on the City’s current application form (s), yet the DRC did review the totally incomplete and missing applications and the planning commission approved the project, despite not providing the city with a complete application submittal.

Violation 3

Let’s take a look at this wording first under the heading, 

A. Expedited Subdivision Review Process.

“The Preliminary and Final Plans shall be submitted and reviewed simultaneously.”

The preliminary and Final Plans were not submitted and reviewed simultaneously. 

I have requested from the City a copy of the Preliminary and Final plans and thus far the City has refused to give these to me. Probably because (1) they do not exist and (2) they cannot prove they were submitted at the same time and reviewed simultaneously as required by the code.

I am pulling my hair out, this is driving me crazy. The corruption at the City of Lehi and at the LDS Church is truly unbelievable. 

Violation 4

It goes on to say

“and the Chief Building Official and Public Works Director are designated by the City Council as the officers having authority, on behalf of the City Council, to approve and sign the final Document(s).”

I have requested from the city any document, any meeting, any minutes to a meeting, any city council meeting or minutes relating to the Chief Building Official and Public Works Director as having been designated by the City Council as the Officers having Authority, on behalf of the City Council, to approve and sign the final document(s).

To date the City has refused to provide me any document that demonstrates that the CBO and PWD have been designated by the City Council as having the authority to sign off on their behalf.  The PWD and CBO do not have the authority unless it has been granted to them. In this case the city has not demonstrated that the PWD and CBO have the authority to sign off on final documents. They ONLY have the authority if they have been granted the authority and they have not been granted that authority.

Let’s look at this a little closer:

The code says,

A. Expedited Subdivision Review Process.

1. Minor subdivisions. Subdivision review and approval MAY be granted by the Chief Building Official and Public Works Director if ALL of the following provisions apply:

(a) The subdivision includes less than ten (10) lots.

(b) The subdivision does not require the construction of any public improvements or the dedication of any public right of way.

The Preliminary and Final Plans shall be submitted and reviewed simultaneously, 

and

the Chief Building Official and Public Works Director are designated by the City Council as the officers having authority, on behalf of the City Council, to approve

and sign the final Document(s).

In the code it uses the word MAY and ALL, may be granted by the CBO and PWD if ALL…. (it goes on to say) the following provisions shall apply: and the CBO and PWD are designated by the City Council.

The CBO and PWD must be designated by the City Council as having the authority to sign off on their behalf. They are not granted that authority unless the City Council has given them that authority and as of today, the City has not given me proof that the City Council has granted that authority to the PWD and CBO to sign off on their behalf the creation of a minor subdivision.

Violation 5

The code reads as follows:

A. Expedited Subdivision Review Process.

1. Minor subdivisions. Subdivision review and approval MAY be granted by the Chief Building Official and Public Works Director if ALL of the following provisions apply:

(a) The subdivision includes less than ten (10) lots.

(b) The subdivision does not require the construction

of ANY public improvements or the dedication of any public right of way.

Subdivision review MAY be granted by the CBO and PWD if

ALL

Of the following provisions apply:

Less than 10 lots, yes, single lot subdivision.

Does not require the construction of ANY public improvements.

Key word – ANY.

What does the word ANY mean?

Any, used to refer to one or some of a thing or number of things, no matter how much or many.

Two improvements come immediately to mind:

First in multiple DRC meetings a member from the Power division of the city indicated the following:

“Under current conditions the circuits feeding the proposed area have NO available capacity. Until further review and system improvements are designed and or in place we are unable to serve the project.”

I believe that would count as the construction of a public improvement.

This is what Todd Munger said (PWD) in a DRC meeting:

“Two traffic signals are warranted for this project as per the traffic study.”

I believe a traffic signal would count as the construction of a public improvement.

Throughout the DRC notes, the construction of public improvements can be read.

So, since there is the requirement of the construction of public improvements, the CBO and PWD did not have the authority to sign off on the creation of the Family Search Plat.

Violation 6

The code goes on to say:

“The lots in a minor subdivision will be divided by a metes and bounds document rather than a plat.“

Well the Family Search Plat is recorded at UT County as a Plat and not by metes and bounds as required by provision of the code.

City doesn’t care. A very clear violation of the code. There response to me when I have brought this up to them; plat, metes and bounds, what is the difference, in fact we say a plat is better.  Well it does not matter what you think, the code says the minor subdivision will be divided by a metes and bounds document rather than a plat and it is recorded as a plat and not by metes and bounds.

Violation 7?

The code goes on to say:

“The Chief Building Official or the Public Works Director MAY request input from the DRC, Planning Commission, City Council or other City staff as deemed necessary.”

I believe it is worth noting that Todd Munger (PWD) was not in a single recorded meeting prior to signing off on the creation of the Family Search Plat and Gary Smith (CBO) was at one of two DRC meetings and did not have a comment.  These two men signed off on the creation of the Family Search Plat without having the proper authority granted to them by the City Council. They certainly did not seek any input from the planning commission or city council and probably did not even have a single conversation with staff prior to signing off on the creation of the Family Search Plat.  They also did not review the applications for the creation of a subdivision preliminary and final subdivsion plat approval because as of to date, in the information I have requested from the city, these applications were not submitted to the city. 

Violation 8

The code goes on to say:

“2. Site Plans with a total valuation, including building and all associated improvements, greater than 10,000,000 dollars shall follow the City’s standard procedures for review and approval of a site plan including approval by the Planning Commission, following a review by the DRC.”

I know I said I was only going to address the creation of the Family Search Plat but I could not resist.

The Planning Commission did approve the site plan application for the LDS Church, BUT, did the LDS Church provide the City with a Site Plan application?  I have requested a copy of that application and to date the City has refused to give me a copy of the application. The question remains, did the LDS Church provide the City with the required Site Plan application? And, if they did, was it 100% complete?

I can almost assure you, if they did provide the City with the Site Plan application, it was not complete.

There is NO way the City should have allowed the creation of the Family Search Plat. Rules and regulations were not followed and the LDS Church DID NOT provide the City all the documents as required.  The City pushed the creation of the Subdivision through by not adhering to its own code. 

The Family Search Subdivision in my opinion is ILLEGAL and if the LDS Church was honest, they would stop construction on the Family Search Plat and go back and create the Family Search Plat as required by Lehi City Code and the City should stop all construction on the Family Search  Plat until the LDS Church comes into compliance. 

Violation 9

The code goes on to say;  

2. Site Plans with a total valuation, including building and all associated improvements, greater than 10,000,000 dollars shall follow the City’s standard procedures for review and approval of a site plan including approval by the Planning Commission, following a review by the DRC. 

So what is the City's standard procedure for the review and approval of a site plan?

Let's go back to Chapter 11.

The first thing you need the LDS Church needed to do is put in an application for concept plan approval.  The LDS Church went before the planning commission on December 10, 2015 to seek approval for the Thanksgiving Point Office building. The Planning Commission did approve the concept plan as put forth by the LDS Church.  Big Problem.  The LDS Church did not submit a concept plan approval application with the City. 

So why did the planning commission approve this concept  plan without a concept plan approval application?

Are you getting the trend here?

The City is pushing forth this development by NOT following its own development code!!!!!!  

So in reality, every thing else regarding the procedure for review and approval of a site plan is moot if the LDS Church did not submit an application for concept plan approval. 

Had they gone through the review and approval process of a concept plan, then they could submit and application for site plan approval, which they did not do.

No review or approval of either a concept plan or site plan. 

This is a clear violation of the code.  

So what is the city's standard procedure for review and approval  of a site plan?  I will cover that in a latter blog post. 

I would ask the planning commission, why they would approve a site plan application when an application had not been submitted to the city?

Violation 10 

The code goes on to say;

C. Subdivision and Site Plan submittals which QUALIFY for review and approval by the Chief Building Official and Public Works Director should be reviewed within one week of the date a COMPLETE submittal is filed with the City, and in no case shall the time to review the submittal exceed two (2) weeks.

I think I have beaten this issue to death, but, here it is again; the CBO and PWD should be reveiwed within one week of the date a 

Complete

submittal is filed with the city.

The LDS Church Family Search Plat subdivsion DID NOT QUALIFY for review and approval, why, because not only was there not a complete submittal, there was no submittal of the required applications by the LDS Church. 

NO PRELIMINARY PLAT APPLICATION

NO FINAL PLAT APPLICATION

NO SITE PLAN CONCEPT REVIEW APPLICATION

NO SITE PLAN APPROVAL APPLICATION

NO APPLICATIONS, NO PROBLEM FOR THE LDS CHURCH, FORTURNATELY FOR THEM, THEIR MINIONS AT THE CITY OF LEHI DIDN'T SEEM TO HAVE A PROBLEM APPROVING THE CREATION OF THE FAMILY SEARCH PLAT.

Now, you and I, well, that would be a different story, or is it?  Is the city of Lehi approving subdivision's without all the required review and approval processes?  Is there a pattern of  not following the Lehi City Land Development Use Code? Maybe it is time for a full audit of the City's review and approval of ALL the subdivisions created in the past 5 years.  

That did not stop the PWD and CBO from signing off on the creation of the Family Search Plat. 

Nothing stopped the city from signing off on the creation of the Family Search Plat. 

Yet, the Family Search Plat was born!!!!   

      

Violation 11

Ethically the City of Lehi has a big time problem. The City have members of the LDS Church approving and advancing a building project on the Thanksgiving Point Driving Range on a Plat that should not exist.

City employees and those appointed to planning commission have pushed through this project despite it not meeting ALL the requirements in the Lehi City Land Use Development Code.

Members of the LDS Church should not be approving projects for the LDS Church without properly acknowledging their membership in the LDS Church at ALL public meetings.  This is a major personal conflict of interest that the City could care less about.  I have sent the City numerous notices dating back to August 2015 warning them that those who work for the city or serve the city in any capacity must acknowledge their potential personal conflict of interest by being a member of the LDS Church and reviewing a project for the LDS Church. As I said, City Officials could care less about this personal conflict of issue and have purposefully ignored my warnings. 

(This is my opinion ONLY and does not represent ANY legal finding or conclusion.  The case of the Family Search  Plat being illegal has not been tried in the courts, YET!)