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Council discusses state law change as residents raise alarm over proposed charter/micro-school in a residence
Summary
Fruit Heights officials and residents discussed a recently enacted state law and a pending sale of nearby property that a resident says will become a charter/micro-school in a residential neighborhood; city staff said the attorney is reviewing state provisions and no application has been filed.
Fruit Heights City Council members and residents spent an extended portion of the meeting discussing a state law change and a resident’s report that a nearby property was sold to someone who plans to open a charter or micro-school in a home.
The discussion matters because council members said state statute language may limit local land-use control and because residents said they only recently learned a school for “kindergarten through third grade” could move into a house on a busy corner near homes.
Resident Jay Dolom told the council he learned the land adjacent to his property had been sold and that the buyer plans to open a school he estimated would serve “40 to 50” students. “We just recently learned yesterday that the land has been sold to a person who plans to start a charter school on that very busy road in that corner of the world,” Dolom said. Dolom also said he read language indicating the change took effect May 1, 2024.
Mayor John Fuller and staff said the city is reviewing the complex law and will rely on legal advice before taking regulatory steps. “I have been working with the city attorney, and we’re coming through this whole process,” Fuller said. He told the council the city attorney and building officials are examining the statute and the city’s options, and cautioned that the council cannot block activity until an application is submitted.
Staff and council members described the state provision discussed in the meeting as part of a broad 70-page statutory amendment affecting municipal land-use exemptions for certain education providers; council members said some text narrows or changes local zoning authority. One council member said there is a related amendment being tracked that could take effect in early May and that the council should seek clarification; the bill sponsor was identified in the meeting as Todd Weiler.
Council members asked staff to follow up with the buyer and the city attorney and to report back. Fuller repeatedly said the city cannot stop construction or business activity until an application or permit is filed, and that staff will advise on whether the proposed use complies with local building, licensing and parking rules.
No formal action or vote occurred during the meeting. The council directed staff to continue legal review and to keep residents informed if an application is submitted.
The city emphasized there is not yet a formal application in the planning office and that the attorney’s interpretation will determine whether the proposed school must comply with the city’s existing licensing, parking and safety requirements.
