Planning commission advances rewrite of forestry zoning chapter, sets schedule for final review

The Immigration Canyon Planning Commission on Aug. 14 moved forward on a multi-year rewrite of the city's forestry and recreation zoning chapter, closing a public hearing and continuing formal action to Sept. 24 to allow staff and legal counsel time to clean up ordinance language and deliver a clearer draft for final review.

Claire Gilmore, a contract land-use attorney working for the city, told commissioners the priority for staff and counsel is clarity and enforceability as the commission moves policy decisions into ordinance language. "The most important thing that I want you to understand is what I will be looking at... are the grammatical issues because those are important," Gilmore said, adding that unclear or overly broad language can lead to litigation.

Why it matters: The replacement chapter (proposed chapter 19.24) would consolidate several existing forestry/recreation zones and change which uses are allowed, permitted with standards, or removed. Those choices affect what kinds of development, visitor accommodations and utilities can legally operate in much of Immigration Canyon.

Key policy changes and staff timeline

- Staff summary: Brian (planning staff) told the commission the draft replaces the existing chapter 19.12 with a new chapter numbered 19.24 and consolidates older zones (including FR50 and FR100) into a single forestry zone. He listed a set of uses that the draft removes (examples: agriculture, commercial private recreation including ski resorts, logging and mineral extraction, certain types of multifamily dwellings) and a set of uses the draft adds or clarifies (public parks; private parks and recreational grounds; small-scale outdoor recreation; water-pumping, treatment and watershed management facilities; minor public utilities; radio/ham radio uses with conditions; and an explicit short-term-rental standard).

- Staff schedule: Commissioners agreed that planning staff and legal counsel would prepare a cleaned, annotated draft and distribute it by Wednesday, Aug. 20. Commissioners asked for an easy-to-read presentation of differences from the current ordinance (trackable "what changed from the existing code"), with commissioners returning comments on the draft the following week so staff can finalize materials ahead of a continued hearing on Sept. 24 at 3 p.m.

Discussion highlights (policy vs. cleanup)

- Short-term rentals: The draft as circulated treated short-term rentals as a permitted use in parts of the draft, but commissioners expressed strong reservations about allowing them in the forestry zone. Commissioner Andy said short-term rentals can lead to repeated high occupancy that local septic systems are not designed for and can produce nuisance impacts; other commissioners agreed. Several commissioners voiced a preference to prohibit short-term rentals in the forestry zones until areas have public sewer or other controls. That position was recorded as discussion direction, not a final ordinance vote.

- Bed-and-breakfasts and commercial lodging: Commissioners debated whether to allow bed-and-breakfast inns in commercial-zoned properties. After discussion of accessibility and potential legal exposure for lodging uses that might not meet accessibility or hotel-code expectations, commissioners agreed to remove bed-and-breakfast inns from the commercial draft (this was a policy direction captured in the meeting).

- Radio and communications facilities: Commissioners asked staff to treat radio and television towers carefully. The group favored singling out amateur/ham radio uses and applying height and location controls rather than a broad, unqualified allowance for tall broadcast towers. Staff said telecommunications facilities governed by federal rules (including satellite dishes and some wireless facilities) are handled under separate telecommunications code sections.

- Definitions, overlap with FCOS and site-development materials: Commissioners emphasized the need to consolidate and harmonize the proposed forestry chapter with the Foothills and Canyon overlay standards (FCOS) and the larger site-development standards being drafted. Commissioner Jim Karkut said, "we, the planning commission, do need to take a final look at the final draft because it is our recommendation to the city council," and asked for a presentation that highlights policy questions rather than line-by-line editing at a public meeting.

Public hearing and commission actions

The commission opened the public hearing on the proposed replacement of chapter 19.12 with proposed chapter 19.24, heard no public comments during the session, then took these formal steps: - The commission closed the public hearing (motion by Josie; second by Dale) and approved the motion unanimously (5-0). This closed the public comment portion for the item but did not complete final action on the ordinance. - The commission voted to continue action on proposed chapter 19.24 to Sept. 24 at 3 p.m. to allow staff and legal counsel to supply the cleaned draft and permit commissioners time for careful review. The continuation motion passed unanimously (5-0). - The commission also approved meeting minutes for May and July 2025 (motion by Commissioner Jim Karkut; second by Commissioner Dale; unanimous).

What remains and next steps

Staff and the city's contract land-use attorney will prepare a cleaned, annotated draft that shows changes from the current ordinance and an index explaining where moved or consolidated language can be found. The commission asked that the packet highlight policy items (for example, whether to allow short-term rentals, private camper resorts, bed-and-breakfast inns, or certain communication towers) and provide clear redline or highlighted changes so volunteers can review efficiently between meetings.

At the Sept. 24 continuation the commission expects to consider the revised chapter 19.24 for a recommendation to the city council; any final recommendation from the commission will be recorded and forwarded to council for its consideration.

Ending

Commissioners said they want subsequent drafts to be clear about what changed from the current code, with definitions and use standards easier to navigate. The commission set deadlines for the immediate cleanup draft (staff to deliver by Aug. 20) and scheduled the continuation hearing for Sept. 24 at 3 p.m.