Council tables Beck Hillside Estates after developer's lawyer threatens suit over cul-de-sac rules
July 12, 2022, 7:00 p.m. · American Fork City Hall, 31 N. Church St.
Facing a threatened lawsuit from Anderson Development and Goldcrest Homes, the American Fork City Council tabled the Beck Hillside Estates plat at 757 North 200 East and asked staff to return within 45 days with code changes that could allow a hammerhead turnaround on a long dead-end street. Councilmember Ryan Hunter, who said he is one of the landowners to the north, moved to deny, but got no second. The council also approved the Barratt PUD on West Main Street with engineering conditions, Stonecreek Plats H and I, a rezone to professional office at 1096 East 50 South and a design contract for a CDBG-funded 300 West water line.
From the approved minutes.
Decisions at a glance
| Item | Result |
|---|---|
| Ratification of payments June 22-July 5, 2022, and purchases over $50,000 | Approved · 4-0 |
| Julie A. Clark annexation petition, 22.9 acres (Resolution 2022-07-25R) | Approved · 4-0 |
| Vehicles declared surplus (Resolution 2022-07-26R) | Approved · 4-0 |
| Rezone 1096 East 50 South from R1-9000 to PO-1 (Ordinance 2022-07-30) | Approved · 4-0 |
| Land use map amendment, 1100 South and 300 West (Resolution 2022-07-27R) | Approved · 4-0 |
| Automatic car washes in planned commercial developments (Ordinance 2022-07-31) | Approved · 4-0 |
| Engineering and design contract, CDBG 10 300 West water line | Approved · 4-0 |
| Timp Hollow Plat E final plat | Approved with conditions · 4-0 |
| Barratt PUD final plat and site plan (Ordinance 2022-07-32) | Approved with conditions · 4-0 |
| Stonecreek Plats H and I (Ordinance 2022-07-33) | Approved with conditions · 4-0 |
| Beck Hillside Estates final plat | Tabled · 4-0 |
Agenda, item by item
Item Consent 2 · Budget
Ratification of payments June 22-July 5, 2022, and purchases over $50,000
Approved · 4-0
Routine ratification; not itemized in minutes.
Item Action 1 · Annexation
Julie A. Clark annexation petition, 22.9 acres (Resolution 2022-07-25R)
Approved · 4-0
Accepted for review a petition to annex 22.9 acres.
- Acres: 22.9
Item Action 2 · Other
Vehicles declared surplus (Resolution 2022-07-26R)
Approved · 4-0
Declared city vehicles surplus for disposal.
Item Action 3 · Zoning
Rezone 1096 East 50 South from R1-9000 to PO-1 (Ordinance 2022-07-30)
Approved · 4-0
Rezoned a residential lot to professional office.
- R1-9000 → PO-1
Item Action 4 · General plan
Land use map amendment, 1100 South and 300 West (Resolution 2022-07-27R)
Approved · 4-0
Changed the general plan designation from residential very low density to residential low density, ahead of the Harbor Road Plat E annexation.
- Very low density → low density residential
Item Action 5 · City code
Automatic car washes in planned commercial developments (Ordinance 2022-07-31)
Approved · 4-0
Amended Section 17.7.601(B) to allow automatic car washes as a primary use, requested by a drive-through car wash owner; the council struck proposed 7 a.m.-9 p.m. hour limits.
Item Action 6 · Contract
Engineering and design contract, CDBG 10 300 West water line
Approved · 4-0
Approved an engineering and design services contract for the CDBG 10 300 West water line and infrastructure project, to be built next year; the mayor said the city has used CDBG grants 10 straight years. The minutes do not name the firm or amount.
- ContractAmount not given
Item Action 7a · Subdivision
Timp Hollow Plat E final plat
Approved with conditions · 4-0
Approved in the R1-12,000 zone. Shelton noted 1100 North is in poor shape; City Engineer Rebecca Andrus said it is not in the five-year capital plan. Shelton raised storm drain concerns.
- Zone: R1-12,000
Item Action 7b-c · Development
Barratt PUD final plat and site plan (Ordinance 2022-07-32)
Approved with conditions · 4-0
Approved the plat and site plan in the CC-1 central commercial zone with City Engineer conditions added at the meeting: reconstruct the road from Main Street to the north end of the project because of many utility laterals, fix a sewer manhole and redirected sewer line, move storm water detention out of the road onto private property, and resolve fire hydrants with the fire department. Hunter praised the downtown project.
- Zone: CC-1
- Conditions: road reconstruction, sewer manhole, detention relocation, hydrants
Item Action 7d · Subdivision
Stonecreek Plats H and I (Ordinance 2022-07-33)
Approved with conditions · 4-0
Approved final plats in the PR-3.0 zone.
- Zone: PR-3.0
Item Action 7e · Subdivision
Beck Hillside Estates final plat
Tabled · 4-0
The Planning Commission recommended denial because a dead-end street over 400 feet lacked a cul-de-sac. Jeff Walker, attorney for Anderson Development and Goldcrest Homes (partners with the Beck family), said the project had been in review over 400 days, that a hammerhead allowed under the adopted fire code should suffice, that 20-plus existing dead ends violate the same rule, that the city demanded $10,000 up front for a GRAMA request, and that a denial would bring a notice of claim and a lawsuit. Staff said the city's development code allows only a 96-foot cul-de-sac. Hunter moved to deny, saying as one of the landowners to the north that the road will not continue north; it died without a second. The council tabled the plat and asked staff to return within 45 days with possible code changes.
- Applicant attorney: Jeff Walker (Anderson Development, Goldcrest Homes)
- Planning Commission: recommended denial
- Councilmember Ryan Hunter said he is one of the landowners to the north of the project; he moved to deny and then seconded tabling
- Originally a 15-lot PUD, resubmitted as a standard subdivision
What residents said
Unreliable internet serviceConstruction dust and waterway damage near Dixie Farm area
Shawn Dalton of Green Springs Townhomes said internet service is unreliable and asked about city fiber. Rio Honaker said construction by Mike Horan's development next to his 6-acre farm in the Dixie Farm area created dust and dug into waterways without permits, and that he was arrested after hitting the emergency stop on a rock crusher. No one spoke at the vehicle surplus hearing.