Council lets TOD apartment builders consolidate required retail, but sets 75% build-out deadline
February 23, 2021, 7:00 p.m. · Electronic meeting
Meeting electronically, the American Fork City Council changed transit-oriented development rules so apartment projects off 200 South can put their required ground-floor commercial space in one building, which must be finished by the time 75% of the homes are built, and approved the Kelton Apartments plat that reserves a corner commercial lot. Developers had asked the council to drop the deadline. The council also rezoned land at 50 E. 1100 South for office-warehouses and held hearings on three west-side annexations.
From the approved minutes.
Decisions at a glance
Agenda, item by item
Item Consent 2 · Subdivision
860 Place Plat A improvements guarantee released, 480 S. 860 East
Approved · 5-0
Released the construction guarantee and accepted public improvements.
- Payment$199,552
- Amount released: $199,552.12
Item Consent 3 · Subdivision
Fields of Timpanogos Apartments durability retainer released, 300 S. 650 East
Approved · 5-0
Released the durability retainer.
- Payment$202,260
- Amount released: $202,260.38
Item Consent 4 · Subdivision
Perry Flex Development durability retainer released, 277 S. 740 East
Approved · 5-0
Released the durability retainer.
- Payment$13,921
- Amount released: $13,920.75
Item Consent 5 · Budget
Ratification of payments Feb. 3-16, 2021, and purchases over $25,000
Approved · 5-0
Routine consent ratification; itemized list not in minutes.
Item Action 1-2 · Zoning
Land use and zone change at about 50 E. 1100 South for office-warehouse
Approved · 5-0
Adopted Resolution 2021-02-09R changing the land use designation from Low Density Residential to Design Industrial and Ordinance 2021-02-08 rezoning from R1-20,000 to PI-1 Planned Industrial, for a planned office-warehouse development; the Planning Commission recommended approval. Councilmember Shelton suggested rezoning neighboring residential slivers too; staff said much nearby PF land was bought by UDOT for the future Vineyard Connector and a new Amazon facility sits to the east.
- Resolution 2021-02-09R; Ordinance 2021-02-08
Item Action 3 · Other
Utility easement vacation at Alvera at the Meadows Apartments, 688 W. 130 North
Approved · 5-0
Adopted Ordinance 2021-02-09 narrowing a 30-foot utility easement to 15 feet, which holds all city utilities, to clear existing encroachments. No one spoke at the hearing.
Item Action 4 · Other
Utility easement vacation, Lot 29 Autumn Crest, 1072 N. 980 East
Approved · 5-0
Adopted Ordinance 2021-02-10 vacating the southern 5 feet of a 10-foot rear easement.
Item Action 5 · Roads and utilities
Partial 1700 South right-of-way vacation for Roderick Catalyst Phase 2
Approved · 5-0
Adopted Ordinance 2021-02-11 vacating about 0.083 acre of 1700 South right-of-way near 400 East for the Roderick Catalyst Phase 2 subdivision.
- Ordinance 2021-02-11
Item Action 6 · Roads and utilities
Right-of-way vacations on 570 West and 700 West for Fenn Farms
Approved · 5-0
Adopted Ordinance 2021-02-12 vacating about 0.05 acre of 700 West at about 300 South and 0.35 acre of 570 West from 330 South to about 450 South for the Fenn Farms conservation PUD.
- Ordinance 2021-02-12
Item Action 7 · City code
TOD code change allowing consolidated commercial space
Approved · 5-0
Adopted Ordinance 2021-02-13 amending City Code 17.4.608.B so the 25% ground-floor office/retail requirement in TOD project areas off 200 South can be consolidated into one building, which must be delivered by the time 75% of the project's residential is built, as the Planning Commission recommended (one commissioner dissented over consolidation). Developers Neighborly Ventures (Kelton Apartments) and White Horse Developers, backed by letters from Colliers International and NorthMarq, asked that the timing requirement be dropped and the market decide; Councilmembers Shelton and Taylor sympathized, while Councilmember Carroll worried about separating commercial from housing and setting a precedent for 200 South. Legal Counsel Cherylyn Egner recommended passing the 75% version and refining language later.
- Ordinance 2021-02-13
- Planning Commission recommended 75% trigger; staff draft had 50%
Item Action 8a · Subdivision
Kelton Apartments Phase 1 final plat, about 1100 West 250 South
Approved · 5-0
Approved the final plat for Neighborly Ventures' Kelton Apartments in the TOD zone, with a corner lot at 1100 West and 250 South reserved for a future commercial building; developer Richard Berger said the company intends to build and own it, and the roughly 240 units would be built within about two years.
Item Action 9 · Other
Surplus property declared
Approved · 5-0
Adopted Resolution 2021-02-10R declaring items surplus, including a 1998 Crown Victoria. No one spoke at the hearing.
- Resolution 2021-02-10R
Item Action 10 · Roads and utilities
Encroachment agreements for four properties on 700 North, 250-290 West
Approved · 5-0
Approved agreements letting four homeowners keep fences and sheds found on city right-of-way during a safe sidewalk project for Shelley Elementary, while barring expansion and allowing the city to require removal if the road is widened. Councilmember Barnes said one owner was unhappy.
Item Action 11 · Other
Closed session on purchase or sale of real property
Approved · 5-0
The council met in closed session from 8:53 to 9:30 p.m. to discuss the purchase or sale of real property.
What residents said
Required TOD retail sitting empty
No one spoke at hearings on the 19.40-acre AF Utah LLC Addition at about 1000 West 200 South, the 26.04-acre Silverado Annexation at about 1000 West 150 South, the 26.02-acre North Binch Annexation at about 800 West 500 South, several easement and right-of-way vacations, or the surplus declaration. During public comment Dale Christiansen of Neighborly Ventures urged approval of the TOD change and Kelton plat, and four written comments were read, from Neighborly Ventures, White Horse Developers, Colliers International and NorthMarq, all asking that the commercial construction deadline be removed.