Planning commission asks staff to clarify forestry-zone setback measurements for private roads

A planning staff member (Speaker 2) told the commission that the draft forestry-zones ordinance (chapter 19.24) mistakenly measures required setbacks "from a public right of way," a phrasing that would not work in areas served by private roads such as Emigration Oaks. "I noticed that for the setback ... we need to remove the words 'from a public right of way,'" the staff member said, asking the commission to approve language that would apply across varied road conditions.

The commission debated how to define where a setback should be measured: the recorded (platted) right-of-way, the physical road edge, the road center line, or the property line. "Most of the roads up in here are not where they're supposed to be," Chair (Speaker 1) said, noting that using the platted right-of-way in neighborhoods such as Pine Crest could place setbacks in unexpected locations relative to built roads and homes.

Commissioners proposed a practical interim phrasing to avoid inconsistent outcomes while the commission finalizes definitions: measure setbacks from the physical road feature that most accurately reflects access (examples discussed included the road edge or center line) or from the property line as applicable. One staff-drafted example discussed during the meeting was: "10-foot landscape setback from the road edge or property line or center line of roadway, whichever is greatest." The wording was offered as a placeholder until the commission adopts a formal definition for "setback" in the code.

The commission asked staff to rewrite the forestry chapter language to remove the inapplicable "from a public right of way" phrasing and to provide a clear measurement definition that fits both public and private roads. Staff and commissioners agreed the planning commission would review the revised language at its Jan. 8 meeting so the commission can forward a recommendation to the city council in time for the council’s Jan. 20 meeting.

Why it matters: the change affects how residential setbacks are applied across the canyon, including subdivisions on private roads; ambiguous measurement language could create inconsistent enforcement and unexpected impacts on property owners. Chair and commissioners emphasized that the revised phrasing must be administrable and produce consistent results across varied neighborhood road conditions.

The planning commission did not adopt final ordinance text at the meeting; instead it directed staff to prepare revised wording and return the draft for formal recommendation in January.