Wednesday, October 14, 2026TheUtah Ledger
American Fork · City Council

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

  1. Item Consent 2 · Subdivision

    860 Place Plat A improvements guarantee released, 480 S. 860 East

    Approved · 5-0 · 480 S. 860 East

    Released the construction guarantee and accepted public improvements.

    • Payment$199,552 Release of improvements construction guarantee, 860 Place Plat A. Paid from Developer guarantee
    • Amount released: $199,552.12

    Moved by Councilmember Taylor, seconded by Councilmember Carroll. Vote: 5-0 consent agenda

  2. Item Consent 3 · Subdivision

    Fields of Timpanogos Apartments durability retainer released, 300 S. 650 East

    Approved · 5-0 · 300 S. 650 East

    Released the durability retainer.

    • Payment$202,260 Release of durability retainer, Fields of Timpanogos Apartments. Paid from Developer guarantee
    • Amount released: $202,260.38

    Moved by Councilmember Taylor, seconded by Councilmember Carroll. Vote: 5-0 consent agenda

  3. Item Consent 4 · Subdivision

    Perry Flex Development durability retainer released, 277 S. 740 East

    Approved · 5-0 · 277 S. 740 East

    Released the durability retainer.

    • Payment$13,921 Release of durability retainer, Perry Flex Development. Paid from Developer guarantee
    • Amount released: $13,920.75

    Moved by Councilmember Taylor, seconded by Councilmember Carroll. Vote: 5-0 consent agenda

  4. 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.

    Moved by Councilmember Taylor, seconded by Councilmember Carroll. Vote: 5-0 consent agenda

  5. Item Action 1-2 · Zoning

    Land use and zone change at about 50 E. 1100 South for office-warehouse

    Approved · 5-0 · About 50 E. 1100 South

    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

    Moved by Councilmember Shelton, seconded by Councilmember Barnes (land use); Councilmember Taylor, seconded by Councilmember Christiansen (zoning). Vote: 5-0

    Follow 50 East 1100 South industrial rezone in the development tracker →

  6. Item Action 3 · Other

    Utility easement vacation at Alvera at the Meadows Apartments, 688 W. 130 North

    Approved · 5-0 · 688 W. 130 North

    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.

    Moved by Councilmember Carroll, seconded by Councilmember Taylor. Vote: 5-0

  7. Item Action 4 · Other

    Utility easement vacation, Lot 29 Autumn Crest, 1072 N. 980 East

    Approved · 5-0 · 1072 N. 980 East

    Adopted Ordinance 2021-02-10 vacating the southern 5 feet of a 10-foot rear easement.

    Moved by Councilmember Barnes, seconded by Councilmember Christiansen. Vote: 5-0

  8. Item Action 5 · Roads and utilities

    Partial 1700 South right-of-way vacation for Roderick Catalyst Phase 2

    Approved · 5-0 · 1700 South at about 400 East

    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

    Moved by Councilmember Taylor, seconded by Councilmember Shelton. Vote: 5-0

    Follow Roderick Catalyst in the development tracker →

    Follow 1700 South and 500 East utility and road improvements in the development tracker →

  9. Item Action 6 · Roads and utilities

    Right-of-way vacations on 570 West and 700 West for Fenn Farms

    Approved · 5-0 · 570 West (330-450 South) and 700 West at 300 South

    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

    Moved by Councilmember Taylor, seconded by Councilmember Carroll. Vote: 5-0

    Follow Fenn Farms in the development tracker →

  10. Item Action 7 · City code

    TOD code change allowing consolidated commercial space

    Approved · 5-0 · TOD zone, streets other than 200 South

    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%

    Moved by Councilmember Shelton, seconded by Councilmember Taylor. Vote: 5-0

    Follow Kelton Apartments in the development tracker →

  11. Item Action 8a · Subdivision

    Kelton Apartments Phase 1 final plat, about 1100 West 250 South

    Approved · 5-0 · About 1100 West 250 South

    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.

    Moved by Councilmember Shelton, seconded by Councilmember Taylor. Vote: 5-0

    Follow Kelton Apartments in the development tracker →

  12. 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

    Moved by Councilmember Shelton, seconded by Councilmember Barnes. Vote: 5-0

  13. Item Action 10 · Roads and utilities

    Encroachment agreements for four properties on 700 North, 250-290 West

    Approved · 5-0 · 700 North, 250 West to 290 West

    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.

    Moved by Councilmember Carroll, seconded by Councilmember Taylor. Vote: 5-0

  14. 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.

    Moved by Councilmember Carroll, seconded by Councilmember Shelton. Vote: 5-0

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.