Fruit Heights attorney urges ratification of 2023 moderate-income housing plan amid concerns over golf course listing

City attorney Brad Christopherson told the Fruit Heights City Council that the Davis County Golf Course was included in the city’s 2023 moderate-income housing (MIH) plan only as a technical item to satisfy state statutory 'menu' requirements, and that there has been no effort to sell or develop the property.

Christopherson recounted the April 2023 decision-making process, saying three council members were physically present and a fourth participated electronically. He said a phone disconnection prevented one member from registering a vote, producing a two-to-one tally in that session; the state later approved the city’s MIH plan. Christopherson recommended the council ratify the prior action at an upcoming meeting and offer a public comment opportunity, arguing that ratification would protect the city from potential retroactive state action.

Several council members and residents had objected to listing the Davis County Golf Course — about 10% of the city by area as described in the meeting — as a potential future site. A council member characterized the inclusion as “pretty disingenuous,” and Christopherson responded that the listing was a compliance step, not an intent to develop. He emphasized the county owns most of the golf course and that any future change would require county cooperation, a city rezone and a public planning process.

Christopherson outlined options if the council wanted to pursue removal of the golf-course designation: a minor amendment would typically begin with staff and the planning commission, include public hearings, and could require hiring outside consultants. He warned changes could be costly and might be of limited practical effect because Fruit Heights is largely built out and has few feasible menu items under state law.

The attorney said the primary objective was to avoid losing eligibility for state funds tied to compliance, calling ratification the fastest way to resolve the public concern while preserving the city’s standing with the state. He proposed scheduling a public forum to explain the facts and take comments before any decision on amendments.

Next steps: Christopherson recommended the council place ratification on a future agenda with a public comment period and, if the council chooses, direct staff to pursue a technical amendment through the planning commission process.