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Application Request Commission Hearing Date: 2/17/2022 Planner: Sonya Allen Project Name: Vanguard Village File No.: H-2021-0081 Request: * Modification to the existing Development Agreement (Inst. #110115738) to replace it with a new agreement for the proposed development; * Rezone of 7.06-acres from the C-C to the H-E zoning district; 17.38-acres from the C-C & H-E zoning districts to the M-E zoning district; and 40.33-acres from the R-40, C-C and M-E zoning districts to the R- 15 zoning district; and 1.10-acres from the H-E to the C-C zoning district; * Preliminary Plat consisting of 8 building lots & 6 common lots on 115.26-acres of land in the R-15, C-C, H-E and M-E zoning districts; and, * Conditional Use Permit for a multi-family development consisting of 552 dwelling units on 40.33-acres of land in the R-15 zoning district. Applicant: Meridian 118, LLC Location: Generally located 1/4 mile south of W. Franklin Rd. and S. Ten Mile Rd., in the middle of Section 15, T.3N. 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Allen Notes DA modification 1 Original project name, Meridian Crossing annexation/rezone final number and AZ-09-008 ordinance number 10-1467 2 Date of City Council approval of development agreement, December 7, 2010 recordation date, December 9, 2010 instrument number 110115738 3 Reason for development agreement modification (address with a We envision this modification as an amended and restated request is to remove property from an existing development Development Agreement with a termination of the existing or original agreement and execute a new one, or solely a modification to an Development Agreement. All property governed by the original existing development agreement) Development Agreement will be governed by the amended and restated Development Agreement. The project has changed and the original zoning boundaries, which were contemplated to be revised in the original Development Agreement, are being revised, which will be reflected in the amended and restated Development Agreement. 4 Sections of development agreement to be modified and proposed See attached redlined Development Agreement. modification and strike out/underline format 5 Any other supporting information No. 6 Affidavit of legal interest DA legal description Information on authority of James Zeiter to sign on behalf of Meridian 118, LLC sent to Sonya Allen (11-5-21 and 11-9-21). Preliminary plat Narrative fully describing the proposed project: 7 Address whether or not a variance will be requested with respect See discussion in lines 10— 13 below. to any provision of the ordinance describing a particular provision, the variance requested, and the reason thereof 8 Development features and/or commitments by the applicant See attached Additional Narrative in Support of the Preliminary Plat Application. Reply to S. Allen re: Request for Additional Information - 1 9 Description of any covenant or deed restrictions that support the None existing. proposed development(e.g., larger rear setback to buffer adjoining properties, etc.) Alternative compliance Narrative fully describing the proposed request including the following: 10 The specific requirements that are proposed to be modified The Vanguard Commons (north 40 acres)Line 18: narrative identified the specific requirements proposed to be modified on pp. 10 & 14: This text is being revised as follows: . . . we are requesting alternative compliance for setbacks for the residential buildings located on Sunset Point Way and Coral Reef. On collector streets, the R-15 district requires 20 feet between the back of the sidewalk and the living area of a building. Our setbacks are 17 feet from the back of the sidewalk to the building. These streetscapes and setbacks were designed in compliance with the TMISAP and exceed the ten foot minimum setback required in the Multifamily Development specific use standards. UDC § 11-4-3- 27.13.1. Alternative compliance is permitted for deviations from Structure and Site Design Standards, UDC § 11-3A-19. Please also see attached Supplemental Narrative for Compliance Narrative 11 Address the reason why strict adherence or application of the Strict adherence to the setback is not feasible because Vanguard requirements are not feasible Commons was designed to comply with the "street-oriented" design standards of the TMISAP to create an urban, pedestrian-friendly multi-family development. 12 Demonstrate how the proposed alternative means for compliance The TMISAP provides that"building at or close to the property line with the specific requirements provides an equal or superior creates a consistent edge to the public space and makes streets means of meeting the intent and purpose of the regulation more friendly and walkable" (3-33), and that residential collector streets "have limited setbacks behind the sidewalk and a tree lawn is provided" (3-23). We have created an urban, walkable neighborhood, as contemplated by the TMISAP. In order to comply with both the TMISAP and the Structure and Design Standards, we request alternative compliance from the setback. 13 Any supporting documentation or plans See attached Supplemental Narrative for Alternative Compliance. Reply to S. Allen re: Request for Additional Information - 2 Additional Items Needed 14 Narrative for the DA modification —"DA Narrative" Please see the discussion in lines 1 —5 above. 15 Narrative for Rezone—"RZ Narrative" (include specifics) See attached Additional Narrative in Support of Rezone Application. 16 Narrative for the Preliminary Plat—"PP Narrative" See attached Additional Narrative in Support of the Preliminary Plat Application. 17 Narrative for the Alternative Compliance request—"ALT Please see the discussion in lines 10— 13 above. Narrative" 18 PDF copy of the conceptual engineering plans, including pipe T-O Engineering has been requested to provide this information for sizes & profiles—"Public Utility Plan" Meridian. 19 The legal descriptions &the associated exhibit maps for the T-O Engineering has prepared the legal descriptions for the revised rezone application should only include the areas proposed to be zoning boundaries that have been submitted to Meridian. rezoned —currently, they include portions that are already zoned with the requested zone(s)—"RZ Exhibit" (legal descriptions for Email sent to S. Allen on 11-12-21 to determine if this detail is existing zoning) required. 20 "Preliminary Plat"that only shows the items on the application Please see attached updated Preliminary Plat. checklist (remove site plan layer&anything else that's not required) 21 CUP application —submit a breakdown of how many 3-story CUP Narrative was updated with Exhibit A to address this issue. apartment units, flats &townhome-style units there are, how many 1-, 2-and 3-bedroom units there are for each unit type and how many units are between 500 and 1,200 s.f. and how many are over 1,200 s.f. overall. 22 The CUP narrative states two (2) CUP's are requested —one is There is only one conditional use permit application. The second for the multi-family development, what is the other one for?Was sentence in the Introduction on page 1 of the Vanguard Commons this info included in the narrative? If so, please tell me what narrative is revised as follows: page(s). If not, include it. Applications for the overall Project Vanguard include a rezone, development agreement modification, preliminary plat, and one conditional use permit. Reply to S. Allen re: Request for Additional Information - 3 23 "CUP vicinity map"that only shows the portions subject to the Please see the attached vicinity map of the area surrounding the CUP request(s). north 40 acres of Project Vanguard known as Vanguard Commons. 24 Open space exhibit, including calc's, for the CUP(s)that Please see the attached design narrative and open space exhibit demonstrate compliance with the standards in UDC 11-4-3-27C— prepared by GGLO that contains the open space calculations per "CUP Open Space Exhibit" UDC 11-4-3-27C. Additional Request for amendment to Standard Term of Approval On the last page of the CUP Narrative, please see our request for item an amendment to the standard term of approval to allow Vanguard Commons to apply for building permits prior to recordation of the final plat. Reply to S. Allen re: Request for Additional Information -4