Council awards $5.7 million waterline segment, approves contested 350 West rezoning
February 28, 2023, 7:00 p.m. · American Fork City Hall, 31 N. Church St.
The council awarded Condie Construction a $5,680,720.10 contract for Segment 4 of the culinary water line, added to the agenda so the contractor could order materials, and conditionally approved rezoning Dusty Pyne's ABE Properties parcels near 96 N. 350 West to commercial over a neighbor's spot-zoning objection and legal counsel's advice to table. Special event fees went up 4-1, with Kevin Barnes opposed. Residents again protested the January rezoning at 300 North and North County Boulevard.
From the approved minutes.
Decisions at a glance
| Item | Result |
|---|---|
| Easement at 756 E. Quality Drive; payments | Pending |
| Zone change, ABE Properties, about 96 N. 350 West, R3-7500 to CC-2 | Approved · 5-0 |
| GSTC Foundation lease amendment, Fox Hollow golf practice facility | Approved · 5-0 |
| Special event fee increases | Approved · 4-1 |
| 18-inch culinary water line, Segment 4 construction | Approved · 5-0 |
| Closed session: sale of real property | No action · 5-0 |
Agenda, item by item
Item CC · Other
Easement at 756 E. Quality Drive; payments
Pending
Easement on Lot 1, Utah Valley Business Park Plat M; ratification of Feb. 8-21 payments and purchases over $50,000. The minutes record the motion but no vote table.
Item A1 · Zoning
Zone change, ABE Properties, about 96 N. 350 West, R3-7500 to CC-2
Approved · 5-0
Staff called it a spot zone not matching the land use map; neighbors declined to join. Representative Steve Sowby said owner Dusty Pyne, whose dance studio has operated there about 30 years, plans a garage for set pieces, parking and office-warehouse space. Legal counsel Cherylyn Egner twice recommended tabling until a land use map amendment and urged clear findings to avoid a lawsuit. Hunter objected to 'it has been done in the past' reasoning; Carroll said the long commercial use swayed her; Shelton disclosed a possible conflict but voted. Ordinance 2023-02-06 adopted contingent on approval of a land use map amendment, with findings on the existing commercial use and Section 17.4.403.
- Owner: Dusty Pyne (ABE Properties)
- Four parcels
Item A2 · Contract
GSTC Foundation lease amendment, Fox Hollow golf practice facility
Approved · 5-0
First amendment to the lease; terms not stated.
- ContractAmount not given to GSTC Foundation
Item A3 · Taxes and fees
Special event fee increases
Approved · 4-1
Bunker said the city was subsidizing events; new fees cover staff overtime, vehicles and equipment, though administrative review still isn't charged. Resolution 2023-02-10R.
Item A4 · Contract
18-inch culinary water line, Segment 4 construction
Approved · 5-0
Added to the agenda because the contractor needed to procure materials quickly. Bid tabulation not in minutes.
- Contract$5.68 million to Condie Construction Company LLC
Item A5 · Other
Closed session: sale of real property
No action · 5-0
Closed 8:50-9:52 p.m.; no action reported.
What residents said
Three-story building planned at 300 North and North County Boulevard; neighbors not notifiedSpot zoning near 96 N. 350 West leaving homes between commercial properties; light and early-morning garbage trucks
Brandon Mitchell, Tim Bahoravitch and Justin Barron opposed the three-story building planned at 300 North and North County Boulevard, said neighbors were never contacted by the developer or notified, and asked the council to reverse the January zone change and limit commercial buildings next to homes to one story. Nan Kirkpatrick, whose property runs from 300 West to 350 West, asked the council not to spot-zone neighboring parcels to commercial. Phil Miller, for Beautification Committee chair Rosemarie Taylor, asked whether neighbors had a say on the 300 North structure.