Friday, August 21, 2015

Family Search subdivision is it legal and was it created in secret?

There has been a lot of news coverage recently regarding the proposed destruction of the Thanksgiving Point driving range, replacing it with 2 massive commercial office buildings with enough parking for nearly 800 cars.
 

But did you know how the new Family Search subdivision came about? 
 

Typically a new subdivision within a city is discussed and approved by either/both a Planning Commission and/or the City Council. Other department heads may also get involved and provide their input such as a Development Review Committee (DRC).  
 

In the case of the Family Search plat (#14674)  recorded with Utah County, July 9th, 2015 at 3:36:01 pm, neither the Lehi City Council nor the Planning Commission had any input regarding the creation of a new subdivision that had just being carved out of the Thanksgiving Point golf course driving range. 
 
This 12 acre single lot subdivision was discussed on June 11th from 4:20 – 5:15 pm by 8 members of the Lehi Development Review Committee.  Also in attendance was Sean Onyon from VCBO Architecture.  These 9 men discussed the proposed architectural plans for 2 massive office buildings which would require the destruction of the Thanksgiving Point driving range.  The creation of the Family Search plat would be necessary to carry out The Church’s plans to destroy green space and driving range in order to build their massive office campus.
 

Here is where it gets interesting.
 
Typically, the City Council and/or the Planning Commission would get involved in the discussion and creation of a new subdivision within the City.  In this case, Todd Munger of the Public Works Department and Gary Smith, the Chief Building Official signed the documents creating the new Family Search plat on behalf of the Legislative body of The City of Lehi.
 

July 1, 2015 A Lehi City letter was sent to three residents of Thanksgiving Village to notify them of a proposed development in their vicinity. This was a courtesy notice sent to those homes that were within 300 feet of the proposed development.  The letter was dated July 1, 2015, mailed July 2, 2015 from VCBO Architecture, Salt Lake City not by Lehi City. I received the notice on July 7th. The notice referenced a Lehi Planning Commission meeting to discuss a proposed concept development by VCBO Architecture, not the LDS Church, scheduled for July 9, 2015.
 

On July 2, 2015 A Special Warranty Deed was signed by David Harkness, Beesmark Investments, LC, Manager.
 

“Consideration of $10 is given by the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints, a Utah corporation sole, whose address is 50 North Temple, Salt Lake City, Utah 84150, Attn: Director, Special Projects (Grantee). It is noted in the Special Warranty Deed that the “Grantee (The Church) will maintain a family search and discovery center in the building located closest to the southern border of the property consisting of at least 6,000 square feet and that is open to the general public. Grantee will also maintain sufficient parking on the property to service such center.”

Notice there is no mention of 2 x 120,000 square feet office buildings and parking for nearly 800 cars as proposed by VCBO Architecture, July 9th – Lehi Planning Commission meeting. They did say that the Ashton’s donated some of the land, did The Church really only pay $10 dollars for 12 acres of prime real estate? (Special warranty deed document number filed with Utah County, 61212:2015) I would love to see the purchase and sale agreement between The Church and the Ashton's, do you think they will ever make this information available to the public? Don't hold your breath.
 

A survey of the land was conducted and signed by Chad A. Paulsen on July 7th, 2015, a mere 2 days before the Family Search plat was recorded at the County.
 

July 9, 2015 The Family Search plat is created and recorded with Utah County at 3:36:01 pm.
 

July 9, 2015 a special warranty deed is recorded with Utah County at 4:09 pm, a mere 33 minutes after the Family Search plat is created with the Utah County.  Weren’t we told that The Church had purchased the property some time earlier than July 9th when it was recorded with the County? The Special Warranty deed was signed on July 2, 2015. Maybe this is what they were referring to.
 

July 9, 2015 The Lehi Planning Commission meets and is met with over 75 angry Thanksgiving Point residents. The proposed concept development is tabled until further notice.
 

But is the subdivision legal? 
 
According to Chapter 28 of the Lehi City Code for resort communities section 28.080, it states that the lots in a minor subdivision be divided by a metes and bounds document rather than a plat.  The City of Lehi recorded the Family Search subdivision as a plat and not by metes and bounds as required by the resort community code.  It also states that 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 subdivision documents, but only if the subdivision does not require the construction of any public improvements.  There has already been several statements made by Church and City officials that there may need to be improvements made to the current roads and bridge that would access the new massive office campus.  If they knew this in advance, shouldn’t the subdivision have been brought before the Planning Commission and City Council and did the Public Works Director and Chief Building Official have the authority to approve and sign the final subdivision documents if there might need to be improvements made to current roads and the bridge?
 

It also should be noted that Todd Munger, the Public Works Director was not at the DRC meeting on June 11th, yet he signed off on the creation of the new subdivision. 
 

So, was the creation of the new Family Search plat created in secret? 
 
Let’s review, there was only one meeting discussing the creation of the new subdivision with 8 men from the Lehi DRC, one from VCBO Architecture and no one from the LDS Church. The Family Search plat should have been recorded using metes and bounds not as a plat as required by Lehi City code.  A question remains as to whether Todd Munger or Gary Smith had the authority to sign on behalf of the City Council. The Lehi City Council and Planning Commission had no input as is typically done in the creation of a subdivision.
 

For those of you who don’t know much about the creation of a subdivision, this is NOT typical or normal. 
 

So, I will let you be the judge, was there a rush to create the new Family Search subdivision and might it have been done in secret and lastly, is it legal?

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