Planning Commission Agenda & Minutes
Regular MeetingFruit Heights, UT · April 26, 2022
Minutes
MINUTES
PLANNING COMMISSION MEETING
FRUIT HEIGHTS CITY
910 South Mountain Road
April 26, 2022
WELCOME: Chairman Curtis Tanner called the meeting to order at 7:10 PM.
PLEDGE & OPENING CEREMONY: The Pledge of Allegiance was led by Commissioner Carrie
Carroll, and the meeting was opened with Commissioner Kevin Paulsen offering a word of
prayer.
PLANNING COMMISSION MEMBERS PRESENT: Planning Commissioners Sam Brady, Brian
Bare, Carrie Carroll, Kevin Paulsen and Curtis Tanner (Chairman) were present. City Council
Member Diane Anderson was present as well.
CITY STAFF PRESENT: City Manager Brandon Green, City Planner Jeff Oyler, City Engineer
Brandon Jones, City Employee Hailee Ballingham, and City Recording Secretary Amy Gardiner
were present.
VISITORS: Steve Droste, Scott Justensen, Matt Lowe, Nathaniel Lowe, Kimberly Wagner, Kelly
Francis, and George Ray were present.
REVIEW AND APPROVAL OF MINUTES FROM PREVIOUS MEETING:
Minutes not available to review.
SUBDIVISION REVIEW:
Review Update on Rock Loft Ridge Estates Development
City Manager Brandon Green gave an update on progress for the Rock Loft Ridge Estates
Development including:
• Paper work submitted and returned from Davis County Flood Control and the Corp of
Engineers;
• Easement approved from the Bureau of Reclamation allowing the crossing of the
aqueduct running through the development;
• The changes being made in the development plan at the request of the sewer district;
• Current work with Haights Creek Irrigation on the potential crossing of its diversion pipe
that a future road in the development is planned to cross over.
City Manager Brandon Green further observed that he anticipates a final plat will come before
the Planning Commission by mid-May. A discussion followed among members of the Planning
Commission, Matt Lowe (representing the developer) and City Staff about the development
including:
• The Commission receiving key construction documents and
• Grading changes in the development’s retention area.
OTHER BUSINESS:
Review/Discuss/Approve/Deny Final Review of the Water Efficient Landscape Ordinance and
Review/Discuss/Approve/Deny Request to Participate in the “Flip the Strip” Program
The Planning Commission received a copy of the proposed Water Efficient Landscape
Ordinance prior to the meeting. The Planning Commission had previously been given the
opportunity to suggest any needed changes to the Ordinance. City Manager Brandon Green
explained that the Ordinance is expected to be adopted and included in the City’s General Plan.
He also explained the following:
• There will be opportunities to change or modify it moving forward.
• The Ordinance mostly addresses the Rock Loft Ridge Estates Development.
• The Ordinance also includes re-landscaping of existing properties.
• The Ordinance will allow residents to qualify for the “Flip the Strip” program.
City Planner Jeff Oyler discussed developments being allowed to water landscapes with
culinary water. City Manager Brandon Green said that properties located above a specified
elevation will be allowed to use culinary water for landscape watering, which is a change to the
existing ordinance prohibiting such watering. City Manager Brandon Green noted the elevation
requirement for using culinary water for landscape watering is not currently in the draft
ordinance but would fit well in Section 9.
Chairman Curtis Tanner led a discussion among Commission members and City staff about
definitions found in the proposed ordinance including hardscape and solid surface decks. He
also recommended developing a good list of drought resistant plants. City Manager Brandon
Green confirmed that this ordinance will affect all new building permits in the City as well as
anyone who wants to re-landscape existing property.
City Manager Brandon Green next explained the “Flip the Strip” program. Residents would be
encouraged to remove the section of grass between the sidewalk and curb and replace it with
water wise plants or xeriscape it completely in exchange for some reimbursement of the cost of
replacement.
The Planning Commission and City Staff discussed elements of the program including:
• Weber Basin is administering the State’s money for the “Flip the Strip” program;
• No sprinkler spray heads would be permitted —just drip systems;
• Whether concrete or other products would be permitted to replace grass;
• Recognizing the program does not include the full reimbursement cost but a percentage;
and
• The required training for residents from Weber Basin to qualify for the “Flip the Strip”
program.
The Planning Commission and City staff then continued to discuss the proposed Water Efficient
Landscape Ordinance including:
• Weber Basin’s restrictions and fines;
• Actions that may be taken by the City for overuse of culinary water;
• Filling of swimming pools;
• A document being prepared for residents about the use of culinary water; and
• The City’s need to stay under the purchased amount of culinary water.
City Manager Brandon Green said that the final proposed ordinance is expected to be approved
at the next Commission meeting. City Planner Jeff Oyler noted that such approval would require
a public hearing. The Planning Commission agreed to hold a special Planning Commission
meeting on May 17, 2022 at 6:00 pm so that a public hearing could be held and then the
ordinance approved.
Second Review of the ADU (Adjacent Dwelling Unit) Ordinance Updates and Changes
(discussed during a break in the Water Efficient Landscape Ordinance discussion while City
Staff were getting copies made for the Planning Commission)
City Planner Jeff Oyler reported that he plans on having a final draft of an ADU ordinance for the
Planning Commission to review at its next meeting. He also said that the State Legislature has
found that ADUs have not created affordable housing but rather increased short-term rentals
that are causing major problems in most cities.
City Planner Jeff Oyler and Commission members discussed the pros and cons of this proposed
ordinance and issues relating to ADUs and short-term rentals. He recommended staying with
the proposed ordinance that the City Attorney had drafted, which would allow residents to only
do an ADU or a short-term rental — but not both. He indicated that the City cannot outlaw short-
term rentals but it can regulate them.
City Planner Jeff Oyler talked about the example of Springdale, Utah - 75 percent of their
housing is short term rentals so it is creating a housing problem for people that work in the city.
CALENDAR:
• May 17 — Special Planning Commission Meeting
• May 24 — Regular Planning Commission Meeting
Commissioner Sam Brady made a motion to adjourn the Planning Commission meeting, and it
was seconded by Commissioner Kevin Paulsen. The meeting was adjourned at 8:23 pm.
I HEREBY CERTIFY that the foregoing is a true, accurate and complete record of the Fruit
Heights Planning Commission meeting held April 26, 2022.
Not approved until signed.
/s/ R. Brandon Green
R. Brandon Green, City Recorder
Date approved by Planning Commission: May 24, 2022
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