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Commission debates changing rear-yard hard-surface cap to 50%; asks staff to clarify impervious-surface and stormwater references

Fruit Heights City Council (Planning Commission business) · October 29, 2025
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Summary

The Planning Commission discussed a draft change to Title 10-11-16 that would allow up to 50% hard-surface coverage in required rear yards, and asked staff to clarify definitions and add a reference to stormwater/overlay rules.

The Planning Commission discussed a proposed amendment to Title 10-11-16 that would allow up to 50% hard-surface coverage of the required rear yard, replacing an older approach that limited coverage to 25% of the rear setback area.

Staff said the change responds to smaller lot sizes and the need to align the code with common modern lot configurations; the revised draft would measure the percentage against the entire required rear yard rather than only the rear setback strip. Commissioners emphasized the need to avoid excessive impervious coverage that would exacerbate stormwater runoff.

Definition and enforcement questions: Public commenters and commissioners asked how "hard" or "impervious" surfaces would be defined. Staff and members agreed the working interpretation is any surface that sheds water rather than allowing infiltration (concrete, poured-deck pool surrounds, epoxy-set pavers), and the commission discussed whether certain elements, such as detached garages or permeable pavers, should be treated differently.

Stormwater and containment: Commenters urged the ordinance include an explicit cross-reference to existing stormwater/overlay requirements that require on-site retention or other mitigation. Staff agreed to add a reference to the applicable overlay/stormwater ordinance so readers and permitting staff know where retention and drainage responsibilities are set.

Outcome and next steps: Commissioners did not record final adoption at this meeting. Instead, they requested staff prepare a revised draft that (1) uses the phrase "hard/impervious surface" for clarity, (2) clarifies whether detached garages or certain permeable systems are excluded or counted, and (3) includes an explicit cross-reference to existing stormwater/overlay code that governs on-site retention. The commission signaled support for increasing flexibility given smaller lots but emphasized that any change must not shift stormwater impacts onto neighbors.