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Planning commission asks staff to reword FR-zone setback language, delays council recommendation to January
Summary
Commissioners found a repeated reference to measuring setbacks "from a public right of way" that would misapply to properties on private roads in Emigration Canyon, asked staff to draft clearer language (e.g., measure from road edge/centerline/property line, whichever is greatest), and agreed to return the forestry (FR) zone amendments to the Jan. 8 agenda.
Speaker 3, sharing the draft forestry (FR) zone ordinance (chapter 19.24), told the commission she had noticed the setback table repeatedly said setbacks were measured "from a public right of way," which would not work for many Emigration Canyon properties that front private roads. "We need to remove the words 'from a public right of way' from all of them," Speaker 3 said.
Commissioners debated how to measure setbacks where plats and legal right-of-way lines do not match actual road locations. Speaker 5 argued that "the physical road is what's more important," while Speaker 1 and others said measuring from a platted right-of-way could produce inconsistent results across neighborhoods such as Pine Crest. Speaker 7 suggested a pragmatic interim phrasing—"edge of the road"—until formal definitions in other chapters are finalized.
Speaker 3 proposed compromise wording to cover multiple conditions: "10-foot landscape setback from the road edge or property line or center line of roadway, whichever is greatest." Commissioners (Speakers 5, 7 and 8) agreed that a version of that language could work as a temporary fix.
Speaker 4 urged caution because the commission already voted on an earlier version; she recommended staff prepare a clarified redraft and place the FR-zone amendments back on the Jan. 8 planning commission agenda so the commission could forward a cleaner recommendation to city council (city council scheduled to meet Jan. 20). The commission left the matter with staff to draft clearer measurement language rather than voting on a final text at this meeting.
Why it matters: The specific point from which a setback is measured determines how much of a property is buildable and affects property owners' obligations near roadways. Because many Emigration Canyon roads are private and plats do not match the present road surface, commissioners said a one-size rule tied to a "public right-of-way" could exclude or overreach on some properties.
Next steps: Staff will redraft setback language for the FR zone to cover private roads and ambiguous plats and return the item to the Jan. 8 planning commission agenda for final action before the commission transmits a recommendation to city council.
Provenance: Topic discussed beginning with Speaker 3's screening and remarks about chapter 19.24 (SEG 009–SEG 033) and debated through proposals for compromise wording and the decision to delay to January (SEG 130–SEG 296).
