Commission grants conditional use permit to allow 43‑foot buildings in master‑planned site, 4–3

The Hurricane Planning Commission narrowly approved CUP26‑11, permitting certain interior buildings to exceed the 35‑foot height limit and reach 43 feet, by a 4–3 vote. S12 (committee member) moved to approve the conditional use permit as presented by staff; S4 seconded and the motion carried after recorded ayes and nays.

The application, identified in the agenda as WPP Hurricane Land LLC with Wade Edwards named as agent, seeks a conditional‑use height allowance for three to four interior buildings on a multi‑phase master‑planned site at 920 South 1250 West. The applicant representative (S6) said the taller buildings are placed in the interior "in the bottom of that bowl" to consolidate density, increase open space and provide space for a clubhouse and amenities that would otherwise require separate construction.

Commission debate focused on how Hurricane’s code measures allowable height. S13 (staff member) explained the two paths under the code: because the ordinance ties conditional‑use height to either two stories or 1.5 times the average height of immediately adjacent buildings, commissioners must decide whether the lack of immediately adjacent buildings limits height to two stories or whether an average across the master plan applies. S11 (committee member) and others warned that approving 43 feet could create a precedent for taller buildings elsewhere, calling it a possible 'camel's nose' that would invite future variances.

Staff recommended a sequencing condition to address that concern: permits for the 3‑story (lower) buildings must be issued before permits for the 4‑story (43‑foot) buildings are issued. S13 and S10 (staff) said that approach provides legal cover and ensures built context for the averaging calculation. The applicant said that permitting the lower buildings prior to release of the taller‑building permits is workable and that their intent is to stage and site the buildings to minimize visibility from adjacent single‑family areas.

After additional discussion on visual impact, topography and the community character of surrounding neighborhoods, the commission voted 4–3 to approve CUP26‑11 with the staff‑recommended sequencing condition. The approval authorizes the height variance as applied to the interior buildings described in the application; permit issuance remains subject to the stated condition and standard permit review.