The American Fork City Council on Nov. 11 reversed the Development Review Committee’s denial of a final plat for High Point (Phase 2), overruling staff and approving the application subject to applicable code, the development agreement and any outstanding technical conditions.
Council heard the appeal under American Fork City Code §17.70.212, with staff counsel reminding the council it was acting in a quasi‑judicial capacity and must decide on the record. Stuart Harmon, attorney for Bach Homes, said the project as developed matches prior intentions and pointed to existing townhomes and prior approvals. He told the council there are “56 townhomes on that property” at the Elevate area and argued the record supports approval.
Several council members forcefully disagreed with the built result and the degree to which promise had been met in earlier phases. Council member Holly/Hawley said that, on a site visit, she saw “nothing but high density housing… asphalt and concrete” and little evidence of the mixed‑use or pedestrian‑friendly spaces originally discussed. Multiple council members said they felt the development had not matched the spirit of earlier commitments and expressed frustration that stronger, enforceable language had not been written into earlier agreements.
After extended discussion—during which members debated legal exposure, the limits of the council’s authority on the narrow issue before it, and the difference between intent and enforceable commitments—the council member Carroll moved and Council member Taylor seconded a motion to reverse the DRC denial and approve Phase 2 subject to code and the development agreement. The motion carried by a majority vote; the council specified that the decision applies only to Phase 2 and does not alter or waive obligations for other phases or change the development/annexation agreements.
What happens next: staff will process the subsequent development review submissions and technical items; council and staff indicated the city’s code rewrite and any development‑agreement amendments will be avenues to clarify mixed‑use expectations for future phases.