City Council Agendas & Minutes
Regular MeetingFruit Heights, UT · March 21, 2023
Minutes
MINUTES
CITY COUNCIL MEETING
FRUIT HEIGHTS CITY
910 South Mountain Road
March 21, 2023
WELCOME: Mayor John Pohlman called the meeting to order at 7:03pm
PLEDGE & OPENING CEREMONY: The Pledge of Allegiance was led by Council Member
Eileen Moss with Council Member George Ray offered a word of prayer.
COUNCIL MEMBERS PRESENT: Mayor John Pohlman, Council Members Eileen Moss,
George Ray, and Diane Anderson. With Council Members Gary Anderson and Florence Sadler
being excused.
CITY STAFF PRESENT: City Manager Brandon Green, City Planner Jeff Oyler, Public Works
Superintendent Darren Frandsen, City Employee Hailee Ballingham
VISITORS: Davis County Commissioner Lorene Kamalu
CITY COUNCIL TRAINING: Council Member George Ray provided training however, due to
technical difficulties it was not picked up by the microphone.
SPECIAL PRESENTATIONS: Davis County Commissioner Lorene Kamalu explained that
County Commissioners have three elected Commissioners who have different duties within the
County. She works with Health and Human Services and Criminal Justice.
The old fairground in Farmington is being repurposed into sports areas and buildings to rent out
because of the increasing demand for those things. There is a brand-new facility being built right
next to it for various kinds of things. This project is the biggest project that’s opened in the
county. This project is using tourism funding to bring in even more tourism funding. Typical fair
activities will be happening at the USU Kaysville Agricultural Center. The library board is
talking about replacing that library to service all the cities in the south part of the county. Talked
about needing to replace the Davis County Animal Care and Control building, probably building
a new one in the same place. There will be more information to come on that projected project.
(16:03)
PUBLIC COMMENTS: None.
PUBLIC HEARING: None.
CITY BUSINESS:
Review and Discuss Final General Plan and Moderate-Income Housing Plan Revisions
City Planner Jeff Oyler provided background information regarding a report back stating that the
first draft of the Moderate-Income Housing Plan in the General Plan. Both he and City Manager
Brandon Green have been working on putting together some language to fulfill those
requirements. The City will identify areas on the zoning map that could be considered for higher
density properties, and when asked for consideration to be a higher density housing area will be
assessed. City Planner Jeff Oyler also talked about working on a new Zoning Ordinance to better
allow for higher density moderate-income housing opportunities within the city. City Manager
Brandon Green mentioned that as a city we have to show that we are making an effort, and that if
we don’t show that we are making an effort then we will be penalized for not trying to comply.
There are tools that we are willing to use, but it doesn’t mean that we can overrule the
landowner.
One of the suggested strategies it to try to incentivize a developer to have cheaper housing and in
turn reduce some of our fees. City Planner Jeff Oyler explained with estimated numbers and
averages that essentially to meet the Moderate-Income Housing Plan requirements we are
essentially asking the developer to sell the home for the cost of the land. However, to fulfil the
requirements we have to have a plan to try to implement these things, whether or not developers
choose to do these things is up to them, but we need to show that we are making an effort.
(41:14)
Review/Discuss and Approve 2023 Caucus Meeting Election Date
City Manager Brandon Green explained that as a council they need to determine a date for the
Caucus Meeting. They determine that May 18th would be ideal because it is the week before
school gets out and everyone will be wanting to go out of town, but it also gets us through the
Primary Elections.
Council Member Diane Anderson made a motion to Approve May 18, 2023 as the 2023 Caucus
Meeting Election Date with Council Member Eileen Moss seconding the motion. The present
Council Members unanimously approved the motion. (42:44)
REVIEW AND APPROVAL OF MINUTES FROM PREVIOUS MEETINGS:
March 7, 2023
Council Member George Ray made a motion to table discussion of the City Council meeting
minutes from March, 7, 2023 with Council Member Diane Anderson seconding the motion. The
motion was unanimously approved by the Council. (44:00)
FOLLOW-UP ITEMS FROM PREVIOUS MEETING:
City Manager Application Process
Mayor John Pohlman reported that they have gone through the City Manager applicants and are
pleased with the ones they have had. He also urged the Council to get to know these individuals.
General Plan Public Hearing Next Week at Planning Commission
City Manager Brandon Green announced that there will be a General Plan Public Hearing next
week at the Planning Commission Meeting.
Farmington Fire Presentation
City Manager Brandon Green talked about setting things up in the next couple of weeks to talk
with them about the changes that are occurring. They work together well with Layton Fire as
well as to best respond to fires and emergencies.
CITY COUNCIL & STAFF REPORTS: None
CLOSED MEETING: By motion of the Fruit Heights City Council, pursuant to Title 52, Chapter
4 of the Utah Code, the City Council may vote to hold a closed meeting for any of the purposed
identified in that chapter.
Council Member Eileen Moss made a motion to move to closed meeting with Council Member
Diane Anderson seconding the motion. The Council unanimously approved the motion. The
meeting was closed at 7:53pm.
UPCOMING EVENTS:
March 28, 2023 Public Hearing regarding the 2023 General Plan
May 18, 2023 Caucus Meeting
Not approved until signed.
/s/:________________
Brandon Green, City Recorder
Date approved by City Council: April 11, 2023
Agenda
FRUIT HEIGHTS CITY COUNCIL MEETING
March 21, 2023, 2023, Fruit Heights City Council Chambers
910 S Mountain Road Fruit Heights City, UT 84037
Fruit Heights City is now streaming City Council Meetings on its YouTube Channel. Please follow us at
https://www.youtube.com/@fruitheightscity9716/streams
7:00 P.M. CITY COUNCIL MEETING
1. WELCOME: MAYOR JOHN POHLMAN
1.1. Pledge of Allegiance Eileen and Opening Ceremony Gary
1.2. Roll Call
1.3. City Council Training: City Council Member
2. DECLARATION OF CONFLICT(S) OF INTEREST
3. SPECIAL PRESENTATION(S)
4. PUBLIC COMMENTS – The public may address the mayor regarding issues that are not on the
agenda. We ask that you please limit your comments to 3 minutes.
No action may be taken on any item not on the agenda.
5. CITY BUSINESS:
5.1. Review and Discuss Final General Plan and Moderate-Income Housing Plan Revisions (Jeff
Oyler)
5.2. Review/Discuss/Approve/Deny Request by City Manager for an Appraisal of Real Property
located at Approximately 265 S 1800 E (Brandon Green)
5.3. Review/Discuss and Approve 2023 Caucus Meeting Election Date (Brandon Green)
6. REVIEW AND APPROVE CITY COUNCIL MINUTES:
6.1. March 7, 2023
7. CONSENT CALENDAR:
8. Follow-up Items from Previous Meeting
8.1. City Manager application process
8.2. General Plan public hearing next week at Planning Commission
8.3. Farmington Fire presentation
9. CITY COUNCIL & STAFF REPORTS:
10. ELECTRONIC MEETING: By motion of the Fruit Heights City Council, Elected Officials and City Staff
can participate in regularly scheduled meetings via electronic media when approved by the
mayor.
11. CLOSED MEETING: By motion of the Fruit Heights City Council, pursuant to Title 52, Chapter 4 of the
Utah Code, the City Council may vote to hold a closed meeting for any of the purposes identified in
that chapter.
12. ADJOURNMENT:
CERTIFICATE OF POSTING
I HEREBY CERTIFY that a copy of this agenda was posted on the City’s website,
www.fruitheightscity.com, as well as posted on the Utah State public notice website
http://www.utah.gov/pmn/index.html, and was emailed to at least one newspaper of general
circulation within the jurisdiction of the public body.
R. Brandon Green
R. Brandon Green - City Recorder
In compliance with the Americans with Disabilities Act, individuals needing special accommodations
during this meeting should contact the City Manager, Brandon Green at (801)546-0861, at least 24 hours
prior to the meeting.
FRUIT HEIGHTS CITY
MODERATE INCOME
ELEMENT OF GENERAL PLAN
MARCH 2023
LEWIS YOUNG ROBERTSON
& BURNINGHAM, INC.
FRUIT HEIGHTS CITY, UTAH
MODERATE INCOME HOUSING PLAN
MODERATE-INCOME HOUSING ELEMENT OF GENERAL PLAN
Utah Code 10-9a-403 requires that municipalities include within their General Plan a Moderate-Income Housing
element. The moderate-income housing element should include the following:
1. Provide for a realistic opportunity to meet the need for additional moderate-income housing within the next
five years.
2. Three or more moderate-income housing strategies (as defined in Utah Code) for implementation.
3. An implementation plan.
When drafting the moderate-income housing element, the planning commission should facilitate a reasonable
opportunity for a variety of housing, including moderate income housing to meet the needs of people of various income
levels living, working, or desiring to live or work in the community; and to allow people with various incomes to benefit
from and fully participate in all aspects of neighborhood and community life.
HOUSING STRATEGIES AND RECOMMENDATIONS
To qualify for State transportation funding, the State requires municipalities to select three housing affordability
strategies to implement in their community. In addition, the legislature is giving priority funding designation to those
communities that adopt two additional strategies. Fruit Heights City has selected the following strategies for
implementing moderate-income housing in the community.
• Rezone for densities necessary to facilitate the production of moderate income housing (Strategy A).
• Create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in
residential zones (Strategy E).
• Zone or rezone for higher density or moderate income residential development in commercial or mixed-use
zones near major transit investment corridors, commercial centers, or employment centers (Strategy F).
• Implement zoning incentives for moderate income units in new developments (Strategy J).
• Reduce, waive, or eliminate impact fees related to moderate income housing (Strategy L).
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FRUIT HEIGHTS CITY, UTAH
MODERATE INCOME HOUSING PLAN
STRATEGY 1: REZONE FOR DENSITIES
Fruit Heights has rezone for densities necessary to facilitate the production of moderate income housing (Strategy A).
Fruit Heights City has created an R-3 zone which allows for Multiple Family Residential Zones. The R-3 zone allows
up to 10 units per acre. Medium density residential - single family small lots and attached units or
townhomes/condominiums limited to duplexes, tri-plexes, four-plexes, five-plexes, or six-plexes are permitted in the
R3 zone subject to certain provisions. Multiple family residential is also allowed in the R3, this zoning designation will
provide ample density for affordable housing units to be built. Planned Unit Development (PUD) also allow, if approved,
greater densities (or multiple family units) greater than the underlying zone.
IMPLEMENTATION:
The City will create and adopt a new high density zoning classification that will create incentives to allow
higher density projects to be built in the City. This work will be completed by January 2024.
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FRUIT HEIGHTS CITY, UTAH
MODERATE INCOME HOUSING PLAN
STRATEGY 2: CREATE OR ALLOW FOR, AND REDUCE REGULATIONS RELATED TO INTERNAL OR DETACHED
DWELLING UNITS
In 2022, Fruit Heights amended City code to allow for the interior ADUs as permitted use in any zone that is primary
for single-family residential users. The City created an “Accessory Dwelling Unit” section in their municipal code
(Adopted 8/2/2022) to assist in providing reasonable regulations for supplementary living accommodations in internal
ADUs located in residential areas of the city. Fruit Heights City allows internal accessory dwelling units as a permitted
use on any lot which exceeds 8,000 square feet. This covers between 80 and 90 percent of all zoning in the City.
See Title 10: Accessory Dwelling Units https://www.fruitheightscity.com/201/Municipal-Code
IMPLEMENTATION:
Monitor the number of applications received and approved for accessory apartment dwellings biannually (June
and December each year) to assess the effectiveness of the City’s new code (Summer 2023).
STRATEGY 3: ZONE OR REZONE FOR HIGHER DENSITY OR MODERATE-INCOME RESIDENTIAL DEVELOPMENT
(STRATEGY F).
Fruit Heights City has identified a number of vacant parcels that it will consider as locations to implement a new zoning
classification that targets higher density housing. The new zoning district will implement incentives geared to
encourage higher density projects. Incentives may include higher density, deed restrictions, and wavier of impact fees.
The following properties will be analyzed for future higher density locations:
• Christensen property on 650 North, CC approved rezone for 6 units on .85 acres.
• Manning property, 10 acres.
• Chad Edgington, 7 acres.
• Butcher property, 6.5 acres.
• Golf course, 150 acres.
• Ward property, 1.8 acres.
IMPLEMENTATION:
The City will identify areas on the zoning map that can be considered for higher density zoning. They will
meet with current land owners to assess interest. They will also consider whether or not to actually rezone
some property to a new zoning district. This work will be completed by January 2024.
STRATEGY 4: IMPLEMENT ZONING INCENTIVES FOR MODERATE INCOME UNITS IN NEW DEVELOPMENTS
Fruit Heights has implemented zoning incentives for moderate income units in new developments (Strategy J).
Fruit Heights City has adopted an R-3 zone which will allow for higher density, multi-family units and smaller single
family units on reduced lot sizes. The City has committed to creating a new higher density zoning district. The City
also will consider an evaluation of other zoning incentives such as density incentives, deed restrictions, and impact fee
waviers to facilitate the creation of moderate-income housing.
IMPLEMENTATION:
Hold a work-session with Planning Comission and City Council to identify density incentives for new
development in the City in October 2023.
STRATEGY 5: REDUCE, WAIVE, OR ELIMINATE IMPACT FEES RELATED TO MODERATE INCOME HOUSING
Fruit Heights has plans to reduce, waive, or eliminate impact fees related to moderate income housing (Strategy L).
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FRUIT HEIGHTS CITY, UTAH
MODERATE INCOME HOUSING PLAN
Fruit Heights City charges an impact fee for parks, water, stormwater, and roads. Fruit Heights City will review its
impact fees associated with development and identify ways in which these fees can be reduced and/or waived to help
encourage more moderate income housing within the city.
IMPLEMENTATION:
Review impact fees with City Council to identify criteria in which fees can be reduced/waived to promote more
incentives for moderate income housing in October 2023.
ADDITIONAL STATE SUPPORT
The City could benefit from additional training related to MIHR requirements and data collection. In addition, training
related to the 24 identified strategies and how to implement these strategies could be beneficial.
ADDITIONAL RECOMMENDATIONS
Numerous programs are available to encourage the development and preservation of affordable housing at all income
levels. Homeownership programs are well established, and support should continue and expand. The Home Program
and HOME Investment Partnership Act are important resources for moderate and low-income homeowners, and CDBG
funds can also be used to assist homeowners. In addition, the Utah Housing Corporation provides homeownership
assistance through below market loans (FirstHome), down payment and closing cost assistance, and lease to-own
housing supported by Low Income Housing Tax Credits (CROWN). Further, HUD has special loans for the construction
of rental and cooperative housing for the elderly and handicapped. In addition, funds are available under the Olene
Walker Loan Fund and the McKinney Fund (with emphasis on transitional housing).
FINANCIAL RESOURCES FOR AFFORDABLE HOUSING DEVELOPMENT
Potential funding sources for housing include revenue from the general fund, CDBG grants and RDA affordable housing
pass through. The general fund is essentially drawing upon the existing resources of the community and reallocating
some of these resources to promote affordable housing. This could include earmarked sales tax or other revenue to
provide development subsidies for deed-restricted affordable housing. The CDBG funds currently will give up to
$50,000 down payment assistance if you meet county LMI criteria which right now is $80,000 for a family of 4. The
loan is paid back with no interest accruing at the sell of the home. Other current funding opportunities include the
Rocky Mountain Home Fund which gives a 4% interest loan to workers in the service industry (police, fire, school
teachers, health care workers), SB 240 just passed this year which gives first time home buyers a $20,000 down
payment assistance grant, some restrictions apply.
PRESERVATION OF HOUSING STOCK
The preservation and rehabilitation of the current housing stock (rental and owner-occupied) will also be an important
way to help keep housing affordable. The City should set a goal to rehabilitate a number of housing units before the
year 2025. There are 86 house trailers in two mobile home parks in the City. All of those units meet the affordable
housing definition. The City does not have any restrictions on replacing or updating those units. There are various
programs available to the City to assist with home rehabilitation efforts. The HOME consortium and the Home Programs
will be important to help people under 80 percent of HAMFI preserve the quality of their home investments. Additionally,
CDBG funds can be obtained to manage and invest into low- and moderate-income areas. While infrastructure is
important for community building, some portion of the CDBG budget should be targeted toward housing programs.
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FRUIT HEIGHTS CITY, UTAH
MODERATE INCOME HOUSING PLAN
Additional information to consider (this is for informational purposes and does not need to be
included in the final draft).
Utah state definition: "moderate income housing unit" means a housing unit that has an appraised
value that would allow, as estimated by the department, a household whose income is no more
than 80% of the area median income to occupy the housing unit paying no more than 30% of the
household's income for gross housing costs, including utilities.
Affordable. Inexpensive, reasonably priced. It’s price is low enough that most people have
enough money to buy it.
• Fruit Heights median income is $104,593.
• 30% for housing is $2,614 per month
• $2,600 per month buys a $300,000 home. Principal/interest 6.5%/insurance/taxes
• 80% LMI = $83,674.
• 30% for housing is $2,092.
• That buys a house at $260,000. Principal/interest 6.5%/insurance/taxes
• Median home price in Davis County is $510,000
• Median home price in Fruit Heights is $740,000/6.5%/$4,677/$185k income
• There are 0 homes in Davis County priced below $350K
• There are approximately 100 homes for sale in Davis County between $350k - $450k.
• Home ownership is the key.
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Memo
To: Fruit Heights City Council
From: Brandon Green
cc:
Date: March 21, 2023
Re: Caucus Meeting
With the 2023 Elections around the corner, a Caucus Meting needs to be scheduled prior to
June 1, 2023. In looking at the calendar it is recommended that the Pinecone and Sagebrush
Caucus meetings be scheduled for Thursday, May 18, 2023. The following week is Spring
Break for Davis School District.
Just a reminder, the candidate filing period begins on June 1st and runs through June 7th. The
six candidates nominated must file to be placed on the ballot for the 2023 November General
Election as per Utah State Election Laws.
If you have any questions regarding the scheduling of the caucus meeting or any other election
questions, I am happy to discuss them with you.
Respectfully,
Brandon Green
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