This section is intended to provide the rules and regulations through which tracts of land may be developed through an overall unified approach rather than the traditional lot-by-lot treatment afforded to other districts in this chapter. It is intended to provide a maximum of design freedom in order to create a better living environment, by making the best use of topography and land features and by permitting the developer an opportunity to more fully utilize the physical characteristics of the site through the reduction of lot sizes, the absence of yard and bulk restrictions and the planned mixing of uses. Through the requirements of a development plan, it is the intent that property under this section will be developed through a unified design providing continuity between the various elements and ultimately leading to a better environment. This section is and should not be utilized as a device for making increased densities more acceptable without corresponding benefits or as a means of circumventing the Town’s development regulations.

(`00 Code, § 11-1101) (Ord. 2000-05, passed 6-11-01; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2021-16, passed 1-10-22)

      (1)   Preserve environmental resources;

      (2)   Provide exceptional open space amenities;

      (3)   Incorporate creative design in the layout of buildings, open space and circulation;

      (4)    Assure compatibility with surrounding land uses and neighborhood character;

      (5)   Provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure; and

      (6)   Facilitate a development pattern more in harmony with the policies and objectives of the Town Land Use Plan.

   (B)   (1)   Minimum size requirements. The minimum required site acreage for a commercial, industrial or mixed-use planned development shall be three acres, unless the Board of Mayor and Aldermen find that one or more of the following conditions exist;

         (a)   That an unusual physical or topographic feature of importance to the area as a whole exists on the site or in the surrounding area that will contribute to and be protected by the planned development;

         (b)   That the property or the surrounding area has a historic character of importance to the community that will be protected by the planned development;

         (c)   That the proposed planned development is adjacent to a previously approved planned development and will contribute to the amenities and values of the neighboring planned development;

         (d)   That the planned development is located in an area being redeveloped and will implement the policies of an adopted plan, including, but not limited to the Land Use Plan, a specific area plan, or redevelopment plan; or

         (e)   That due to additional screening, buffering, transitional uses or other design features, the proposed planned development would provide better protection to existing or proposed uses of surrounding property that would otherwise be provided by a conventional development.

      (2)   There shall be no minimum site acreage requirement for residential planned developments.

(`00 Code, § 11-1102) (Ord. 2000-25, passed 6-11-01; Am. Ord. 2008-06, passed 2-25-08; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2021-16, passed 1-10-22)

   (A)   Districts permitted and planned developments in the Historic District (H-1).

      (1)   Planned developments shall be permitted in all districts except the Forest-Agricultural-Residential (FAR), Mobile Home Park (T), and Central Business (CB).

      (2)   For any portion of a planned development located within the Town’s Historic District (H-1), the Collierville Historic District Commission shall review the proposed planned development Outline Plan and provide a recommendation to the Board of Mayor Aldermen (this recommendation shall be in addition to the Planning Commission’s review and recommendation).

      (3)   Following adoption of an Outline Plan, approval of a Certificate of Appropriateness by the Historic District Commission shall be required for proposed projects within the Town’s Historic District (H-1) including, but not limited to, new construction, alterations, or demolition (in accordance with §§ 151.195 through 151.204). Collierville’s Historic District Commission’s review capacity shall be in accordance with §§ 151.195 through 151.204.

      (1)   Except as expressly modified by the Board of Mayor and Aldermen by approval of an Outline Plan, a planned development overlay shall be governed by the regulations of the underlying zoning district or districts in which the planned development is located;

      (2)   Outline Plan approval for the planned development may provide for such exceptions from the zoning district regulations governing use, area, setback, loading, width and other bulk regulations, parking, other design features and such subdivision regulations as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this section and have been specifically requested in the application for a planned development; provided, however, no modification of the underlying zoning district requirements or subdivision regulations may be allowed when such proposed modification will result in:

         (a)   Inadequate or unsafe access to the planned development;

         (b)   Traffic volume exceeding the anticipated capacity of the proposed major street network in the vicinity;

         (c)   An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development;

         (d)   An undue detrimental effect upon surrounding properties;

         (e)   A development which will be incompatible with the purposes of this subchapter and goals of the Town’s Land Use Plan, design guidelines, and other applicable regulations and guidelines.

      (3)   Such exceptions shall supersede any conflicting subdivision regulations and zoning district restrictions in which the planned development is located; provided, however, in no case shall the uses, the minimum bulk requirements as established in § 151.156(F), or densities be varied, except as herein provided. All setbacks abutting private properties along the planned development shall not be less than those allowed in the underlying zoning district unless specifically provided for in the planned development conditions. In the absence of an express condition of the planned development, the applicable ordinances and regulations of the Town will apply.

(`00 Code, § 11-1103) (Ord. 2000-25, passed 6-11-01; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2021-16, passed 1-10-22)

   (A)   The uniqueness of each proposal for a planned development requires that specifications for the width and surfacing of streets, public ways, public utility rights-of-way, curbs and other standards be subject to modification from the specifications established in the subdivision regulations adopted by the Planning Commission. Modifications to such specifications may be approved only after review by the Collierville Planning Commission and approval of the Board of Mayor and Aldermen.

   (B)   It is the intent of this subchapter that subdivision review and approval under the subdivision regulations be carried out simultaneously with the review of a planned development under this section of the Zoning Ordinance.

   (C)   The development plans for planned developments must be submitted in a form consistent with the requirements of the subdivision regulations.

   (D)   The requirements for both this section of this chapter and those of the subdivision regulations shall apply to all planned developments and all actions of the Board of Mayor and Aldermen pertaining to planned developments shall be based upon a recommendation by the Planning Commission.

(`00 Code, § 11-1104) (Ord. 2000-25, passed 6-11-01; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2021-16, passed 1-10-22)

   (A)   The Board of Mayor and Aldermen shall initially approve a PD by approving an Outline Plan upon written findings and recommendations by the Planning Commission which shall be forwarded to the Board of Mayor and Aldermen pursuant to the provisions contained in this section.

   (B)   General review criteria for planned developments. The following general review criteria shall be utilized in evaluating requests and establishing conditions for a planned development:

      (1)   Consistency with plan. The proposed planned development must be in agreement with the adopted Land Use Plan and any adopted Area Plan for the town (subject to division (B)(2) of this section);

      (2)   Exceptions due to substantially changed or changing conditions. If not in conformance with the adopted Land Use Plan and an adopted Area Plan for the Town, the proposed planned development shall be necessary because of substantially changed or changing conditions in the area or surrounding properties;

      (3)   Physical characteristics of the site; relation to surrounding property. The tract shall be suitable, or it shall be possible to make the tract suitable for development in the manner proposed without hazard to persons or property, on or off the tract, free from the probability of erosion, subsidence, flood hazard, destruction of wetlands or other dangers. Conditions of soil, drainage, and topography shall all be appropriate to both type and pattern of use intended.

      (4)   Relation to public utilities, facilities and services. A planned development shall be so located in relation to transportation systems, sanitary sewers, emergency services, public safety, water lines, storm and surface drainage systems, and other utilities systems and installations that services can reasonably be expected to be available at the time of development and such services are adequate to serve the proposed development.

      (5)   Access to major transportation facilities. A planned development, where appropriate because of the size or intensity of the proposed development, shall be so located with respect to expressways, arterial and collector streets or mass transit facilities, and shall be so designed, as to provide access to and from such districts without creating excessive traffic along local streets in residential neighborhoods outside the development.

      (6)   Compatibility. Any planned development shall be located and designed so as to minimize the negative effects of external impacts resulting from factors such as land use, traffic, noise, or lights. Project control shall be accomplished through buffering, architectural design, architectural compatibility, site design, height limitations, land use restrictions, and density or intensity limitations.

         (a)   The design of any planned development should reflect an effort by the developer to plan land uses within the planned development so as to blend harmoniously with adjacent land uses.

         (b)   Architecture and building materials shall be consistent within the design of the development and compatible with surrounding properties and/or adjacent neighborhoods.

         (7)   Transitions. Any planned development district shall be responsive to the character of surrounding properties and the existing neighborhood area. When located in an area where land use types and/or intensities or densities vary, the planned development shall be designed in such a manner as to provide for gradual changes in intensity and/or density.

         (8)   Relationship to adjacent property. The planned development shall include additional screening, buffering, transitional uses or other design features as necessary to adequately protect existing or proposed uses of surrounding property; and shall provide functional and logical linkages to activity centers and circulation facilities on such adjacent property.

         (9)   Natural and historic features, conservation and preservation areas. Planned Development districts shall be designed to preserve the natural features of the land and historic resources, such as existing trees, natural topography, and archaeological and historic sites, as much as possible.

         (11)   Height. Height in a planned development shall be determined after review of the nature of surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed.

         (12)    Fences and screening. Fences or vegetative screening at the periphery of a planned development shall be provided to protect occupants from undesirable views, lighting, noise or other off-site influence, or to protect occupants of surrounding areas from similar adverse influences. When adjacent development is of either similar use or intensity, such screening is not required.

         (13)    Environmental Conservation. Planned development districts shall provide environmental enhancements, such as Leadership in Energy & Environmental Design (LEED) certification from the U.S. Green Building Council to promote sustainable building design and construction including but not limited to, sustainable neighborhood development, sustainable site development, green roofs, water savings, energy efficiency, materials selection, and indoor environmental quality.

   (C)   Homeowner associations or some other responsible party shall be required to maintain any and all common and open space and/or common elements, unless accepted to be conveyed to the Town of Collierville.

(`00 Code, § 11-1105) (Ord. 2000-25, passed 6-11-01; Am. Ord; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2021-16, passed 1-10-22)

   The following general provisions shall apply to any planned development overlays created by Resolution by the Board of Mayor and Aldermen.

   (D)   Professional design.

      (1)   The Collierville Planning Commission shall not consider any development plan for any proposed planned development, nor shall the Collierville Board of Mayor and Aldermen approve any Outline Plan for a proposed planned development unless such proposed plan included a certification that the services of one or more design professionals were utilized in the preparation of the Outline Plan in addition to a licensed civil engineer.

      (2)   An Outline Plan shall be certified that in addition to a licensed civil engineer, the services of one or more of the following professionals were utilized in the design and planning process:

         (a)   An urban planner who possesses the education and experience to qualify for membership in a recognized professional planning association;

         (b)   A practicing landscape architect licensed by the State of Tennessee;

         (c)   A practicing architect licensed by the State of Tennessee.

      (3)   A final site plan or subdivision plat shall certify that the series of one of the professionals indicated in subsections (a), (b) or (c) were utilized in the preparation of the final plan/plat.

   (E)   Phasing, inactive planned developments, and time extensions. The expeditious construction of any planned development authorized under these provisions shall be undertaken to assist in the assurance of the full completion of the development in accordance with the approved Outline Plan and subsequent approved plans.

      (1)   Phasing of development. The Board of Mayor and Aldermen may elect to permit the development of the planned development in phases, in which case, the following provisions shall be complied with:

         (a)   Any phasing of a planned development shall be approved during the planned development review process and shall be sufficient in terms of size and scope in order for the phase to exist as a “stand alone” project, in the event the applicant does not implement subsequent phases of the planned development as proposed and approved.

         (b)   Each phase shall be designed and sequenced to ensure that the impacts of the development upon the surrounding community and properties will not be detrimental or a deterrent to further development of the community and adjacent properties.

         (c)   The commencement of actual construction of any phase of the planned development shall be governed by the provisions of this chapter.

      (2)   Inactive planned developments.

         (a)   If the applicant has not entered into a development agreement with the Board of Mayor and Aldermen and commences site preparation within three years of the approval, by resolution, of the Outline Plan by the Board of Mayor and Aldermen, the Planning Commission, consistent with § 151.313 and the Vested Property Rights Act, Tenn. Code Ann. § 13-4-310, may give notice by certified mail to the owner and applicant who requested the planned development and shall schedule a public hearing to take any of the following actions:

            1.   Recommend extending, removing, or modifying the schedule for development;

            2.   Recommend amendments to the Outline Plan;

            3.    Recommend revocation of the Planned Development; and/or

            4.   Recommend rezoning of the property to its former zoning classification.

         (b)   After receiving the Planning Commission’s recommendation(s), the Board of Mayor and Aldermen shall hold a public hearing and render a decision.

      (1)   At least 20% of the gross site acreage shall be comprised of common open space usable for recreational purpose or must provide visual, aesthetic environmental amenities.

      (2)   Of the gross site acreage, 9% of residential, mixed-use, or seniors housing planned developments and 3% of commercial planned developments shall be designed as usable open space. Usable open space shall not be required in industrial planned developments. This is a separate requirement from the minimum pervious area or the common open space requirements; however, usable open space can be counted towards those requirements.

         (a)   To be eligible for meeting the usable open space requirement, each individual usable open space in a nonresidential or mixed-use development shall have an area of at least 2,500 square feet. Each individual usable open space in a residential development shall have an area of at least 5,000 square feet (see also Appendix V of the Design Guidelines for how to measure usable open spaces).

         (b)   Usable open spaces must be clearly delineated on plans submitted to the Town for review and calculations must be provided separately from the minimum pervious area. To be considered "usable" open space, the portion(s) of the site must be classified as either active recreational areas or formally planned areas as defined in § 151.003.

         (c)   The following are not appropriate to be considered as "usable" open space unless they support passive recreation uses by providing access, gentle slopes of no steeper than four-to-one and include pedestrian elements such as paths and benches:

            1.   Natural hazard areas such as floodplains, floodways, slopes exceeding 14%, and areas with soils unsuited to development;

            2.   Wetlands, drainage canals, lakes, ponds, streams, and rivers;

            3.   Prime agricultural lands, including existing pastures (in use or otherwise);

            4.   Woodland forests, natural fields, and meadows;

            5.   Wildlife habitat areas for threatened and endangered species;

            6.   Cultural resources such as graveyards, battlefields, or other archaeologically significant areas; and

            7.   Certain stormwater management devices. Up to one-half of the land area occupied by stormwater management systems, including retention/detention basins, and other bio-retention devices may be counted as usable open space when such features are treated as a site amenity.

      (3)   The development phasing sequence which is part of the Outline Plan must coordinate the improvements of the common open space, the construction of the buildings, structures and improvements in the common open space, the construction of public improvements and the construction of residential dwellings in a planned residential development, but in no event shall occupancy permits for any phase be issued unless and until the open space which is part of that phase has been dedicated or conveyed and improved.

      (4)   No common open space of a planned residential development shall be conveyed or dedicated by the developer or any other person to any public body, homeowner’s association or other responsible party unless the Board of Mayor and Aldermen has determined that the character and quality of the tract to be conveyed make it suitable for the purpose for which it was intended. The Board of Mayor and Aldermen may give consideration to the size and character of the dwellings to be constructed within the planned residential development, the topography and existing trees, the ground cover and other natural features, the manner in which the open space is to be improved and maintained for recreational or amenity purposes and the existence of public parks or other public recreational facilities in the vicinity.

      (5)   All land shown on a plan as common open space may be either:

         (a)   Conveyed to a public body, if the public body agrees to accept conveyance and to maintain the common open space and any buildings, structures or improvements which have been placed on it; or

         (b)   Conveyed to an organization for ownership and maintenance subject to the following:

            1.   The Collierville Planning Commission and the Collierville Board of Mayor and Aldermen may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space and such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the Town of Collierville and the dedication be approved by the Board of Mayor and Aldermen;

            2.   In the event that the organization established to own and maintain common open space or any successor organization shall at any time after the establishment of the planned development fail to maintain the common open space in reasonable order and condition in accordance with the adopted final subdivision plat or final site plan (if required), the Town may serve written notice upon such organization and/or the owners or residents of the planned development and hold a public hearing. After 30 days when the deficiencies of maintenance are not corrected, the Town shall call upon all the owners of property within the PD to maintain the common open space, and, in default thereof, the Town may maintain same;

            3.   The cost of such maintenance by the Town shall be assessed severally and proportionally against the properties within the planned development that have a right of enjoyment of the common open space and shall become a lien on the properties;

            4.   If the common open space is deeded to a Homeowners’ and/or Property Owners’ Association, the developer shall file with the Development Department a declaration of covenants and restrictions that will govern the association to be submitted with the application for preliminary subdivision plat or site plan approval (if applicable). The Town Attorney will review the documentation as to form prior to Planning Commission approval. The provisions shall include, but not be limited to the following:

               a.   The Association must be set up before the properties are sold;

               b.   Membership must be mandatory for each buyer and any successive buyer;

               c.   The open space restrictions must be permanent, not just for a period of years;

               d.   The Association must be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities;

               e.   Homeowners/property owners must pay their prorated share of the cost of the assessment levied by the association to meet changed needs;

      (6)   The Collierville Board of Mayor and Aldermen may, as a condition of approval, require that suitable areas for streets, public rights-of-way, schools, parks and other public areas be set aside, improved and/or dedicated for public use.

   (I)   Relation to utilities, public facilities. The planned development shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems and other utilities systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in a form generally permitted in the area. The planned development shall be so located with respect to schools, parks, playgrounds and other public facilities required as to have access in the same degree as would development in a form generally permitted in the area.

   (J)   Relation to major transportation facilities. The planned development shall be so located with respect to major streets and highways or other transportation facilities as to provide direct access to such districts without creating traffic along minor streets in residential neighborhoods outside such districts.

   (K)   Vehicular movement and standards. The street design of any PD should include a clearly defined hierarchical street system. Streets, drives, parking and service areas must provide a safe and convenient access to dwelling units and project facilities and for service and emergency vehicles. Streets will not be laid out as to encourage outside traffic to traverse the development on minor streets or occupy more land than is required to provide access as needed or create unnecessary fragmentation of the development into small tracts. In general, tract sizes shall be the maximum consistent with use, shape of the site and for the convenience and safety of the occupants.

      (1)   Vehicular access to other streets from off-street parking and service areas shall be combined, limited, located, designed and controlled as to channel traffic to and from such areas conveniently, safely and in a manner which minimizes marginal traffic friction and promotes free traffic flow on streets without excessive interruptions.

      (2)   Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within PDs shall not be connected to streets outside the development in such a way as to encourage their use by through traffic.

      (3)   The methods for designing and constructing private streets are flexible. Construction plans must be approved by the Town Engineer. If no agreement between the developer and the Town Engineer can be reached, then private streets must be designed and built according to the Town of Collierville’s Subdivision Regulations Construction Manual.

   (L)   Pedestrian and Bicycle movement.

      (1)   Access for pedestrians and bicyclists shall be arranged to provide safe, convenient routes and need not be limited to the vehicular access points. To the maximum extent feasible, plans for proposed developments shall separate movement of pedestrians from movement of vehicles and bicycles, and protect bicyclists from conflicts with vehicles.

      (2)   Where complete separation of movement of pedestrians from movement of vehicles and bicycles is not possible, plans shall minimize potential hazards by using special paving, grade separations, pavement parking, signs, striping, bollards, median refuge areas, traffic calming features, landscaping, lighting, or other means to clearly delineate pedestrian areas for both day and night use.

      (3)   Where pedestrians and bicyclists share walkways, the pedestrian/bicycle system shall be designed to be wide enough to accommodate anticipated pedestrian and bicycle traffic volumes. A shared walkway shall have a minimum width of eight feet. In areas or on shared walkway segments with heavy use, the width should be increased to a minimum of ten feet.

         (a)   The developer shall submit a proposed comprehensive sign policy for all signage within the Planned Development to the Planning Commission as part of the planned development outline plan. The Design Review Commission shall review the sign policy prior to approval of the planned development outline plan by the Board of Mayor and Aldermen. The Town’s role in reviewing signage shall be only as it relates to the Town’s adopted sign ordinance and design guidelines.

         (a)   Signage shall be consistent in color, size, material, location, and design throughout each planned development.

         (b)   Signage within any planned development shall be consistent with the Town’s adopted sign ordinance and guidelines and shall be reviewed administratively.

   (N)   Site planning.

      (1)   Site planning within any PD shall provide for the protection of the development from potentially adverse surrounding influences and shall also provide for the protection of surrounding areas from potentially adverse influences within the development, including, but not limited to area storm water management plans, hydrological studies, water and wastewater facilities, streets, noise and other environmental consideration.

      (2)   All reports and plans shall be submitted to the Development Department for review pursuant to § 151.311, Site Plan Review.

      (3)   Site plans shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities and for the appropriate relation of space, inside and outside buildings to intended uses and structural features.

   (O)   Signs. Signs permitted in the PD shall be as permitted by the underlying district and regulated by the “Collierville Sign Ordinance” set forth in §§ 151.170 through 151.183.

   (P)   Accessory off-street parking and loading. Accessory off-street parking and loading in the PD shall be regulated by §§ 151.115 through 151.117 unless otherwise provided in the Outline Plan.

(`00 Code, § 11-1106) (Ord. 2000-25, passed 6-11-01; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2010-01, passed 8-23-10; Am. Ord. 2021-16, passed 1-10-22; Am. Ord. 2023-09, passed 5-13-24)

   In addition to the general standards and general provisions set forth above, planned residential developments shall comply with the requirements and standards which follow.

   (A)   Permitted uses. Within the residential planned development, the following uses are permitted subject to review of the Planning Commission and approval of the Board of Mayor and Aldermen.

      (1)   Any permitted use, accessory use or conditional use allowed in any residential district.

      (2)   In a residential planned development of 100 acres or larger, convenience commercial activities may be permitted to serve the regular recurring needs of the residents, provided that such commercial areas shall not exceed l.5 acres.

      (3)   All such commercial areas shall meet the following additional requirements:

         (a)   Access from public streets shall be from major or collector streets as shown on the most recent Major Road Plan;

         (b)   The building design shall be compatible with the remainder of the residential planned development;

         (c)   No outside storage shall be permitted unless specifically authorized in the conditions of approval and trash disposal facilities shall be completely enclosed by walls or materials that complement the buildings;

         (d)   Off-street parking areas shall be paved and landscaped. A permanently landscaped front yard shall be maintained a minimum of 15 feet wide which shall not be used for parking and with only driveways crossing the yard. Permanently landscaped side and rear yards of appropriate width shall also be maintained;

         (e)   Unless otherwise provided in the Outline Plan, all signs advertising the nature or names of the businesses shall be constructed flat against the walls of the buildings and shall not extend above or beyond any wall of the building; and one such sign shall be permitted for each business located therein, provided that such sign(s) shall meet the size requirements of the sign regulations set forth in §§ 151.170 through 151.183;

         (f)   Unless otherwise provided in the Outline Plan, any loading service area shall be in the rear of the building;

         (g)   The Planning Commission and/or Board of Mayor and Aldermen may require other landscaping or design features as needed in order to protect any adjoining or neighboring uses.

 

   (C)   Accessibility of site. All proposed streets and driveways shall be adequate to serve the residents, occupants, visitors or other anticipated traffic of the planned residential development, but may be designed so as to discourage outside through traffic from traversing the development. The location of the entrance points of the streets and driveways upon existing public roadways shall be subject to the approval of the Planning Commission.

   (D)   Off-street parking. Off-street parking shall be conveniently accessible to all dwelling units and other uses. Where appropriate, common driveways, parking areas, walks and steps may be provided, maintained and lighted for night use. Screening of parking and service areas shall be required through the use of trees, shrubs, berms and/or hedges and screening walls.

   (E)   Privacy.

      (1)   The residential planned development shall provide reasonable visual and acoustical privacy for dwelling units within and adjacent to the residential planned development.

      (2)   Protection and enhancement of property values and the privacy of its occupants may be provided by the screening of objectionable views or uses and reduction of noise through the use of fences, insulation, natural foliage, berms and landscaped barriers.

   (F)   Yard and bulk requirements. A residential planned development shall not deviate from the yard and bulk requirements of the base residential zoning classification except as approved by the Board of Mayor and Aldermen and as limited below. A written justification for any deviation from the minimum yard and bulk requirements contained in the base residential zoning classification shall be presented by the applicant to the Planning Commission and Board of Mayor and Aldermen for consideration.

      (1)   For planned developments with ten or more dwellings, at least 40% of the lots for the single family detached dwellings shall fully comply with the minimum yard and bulk requirements for the underlying zoning district These lots shall be distributed throughout the development and not concentrated within one area.

      (2)   In no case shall the yard and bulk requirements of single family detached lots be reduced below the standards listed in the table below or encroachments into required yards for residential uses be altered from the requirements of § 151.005.

 

 

(`00 Code, § 11-1107) (Ord. 99-26, passed - -; Am. Ord. 2000-05, passed 6-11-01; Am. Ord.2000-25, passed 6-11-01; Am. Ord. passed 5- -02; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2016-06, passed 6-27-16; Am. Ord. 2021-16, passed 1-10-22)

   A Resolution permitting a commercial or industrial planned development may be issued by the Board of Mayor and Aldermen for buildings or premises to be used for the retail sale of merchandise and services, parking areas, office buildings, hotels and motels and other similar facilities ordinarily accepted as commercial center uses and those industrial uses which can reasonably be expected to function in a compatible manner with the other permitted uses in the area. In addition to the applicable standards and criteria and the provisions set forth in §§ 151.150 through 151.155, commercial or industrial planned development shall comply with the following standards.

   (A)   Residential use. Except for hotels and motels, no buildings shall be designed, constructed, structurally altered or used for dwelling purposes except to provide, within permitted buildings, facilities for a custodian, caretaker or watchman employed on the premises. This provision shall not be applicable in planned development permits approved for mixed uses.

   (B)   Display of merchandise. Unless specifically authorized by an Ordinance of the Town, all business manufacturing and processes shall be conducted and all merchandise and materials shall be displayed and stored within a completely enclosed building or within an open area which is completely screened from the view of adjacent properties and public rights-of-way; provided, however, that when an automobile service station or gasoline sales are permitted in a planned commercial development, gasoline may be sold from pumps outside of a structure.

   (C)   Accessibility. The site shall be accessible from the proposed street network in the vicinity which will be adequate to carry the anticipated traffic of the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the enterprises located in the proposed development and may be designed to discourage outside through traffic from traversing the development.

(`00 Code, § 11-1108) (Ord. 2000-25, passed 6-11-01; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2021-16, passed 1-10-22)

   (A)   Planned developments which do not qualify as a residential planned development and which are not exclusively for commercial or industrial uses shall be subject to all of the applicable provisions of §§ 151.150 through 151.157.

   (B)   Nonresidential land uses within the proposed mixed use planned development shall be oriented in such a manner as to provide suitable buffers of residential land use or common open spaces containing sufficient screening and buffering measures as prescribed in this subchapter and the Design Guidelines Manual.

(`00 Code, § 11-1109) (Ord. 2000-25, passed 6-11-01; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2021-16, passed 1-10-22)

   (A)   It is the intent of these provisions to recognize the need within the Town for dwellings and facilities which are designed to meet the physical and social needs of older persons.

         (h)   Separate buildings shall be clustered around usable open spaces provided pursuant to § 151.155(F).

 

 

(Ord. 2005-12, passed 12-12-05; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2018-02, passed 8-14-18; Am. Ord. 2021-16, passed 1-10-22)

   The provisions of this subchapter govern the procedures for approval of all planned developments provided herein.

   (A)   Pre-application procedures.

      (1)   Pre-application meeting required. At least two months prior to filing any application for a planned development, the prospective applicant shall request a pre-application conference with the Department of Development Services.

      (2)   Town planner to provide comments. To obtain information, each applicant shall confer with the Town Planner and interested department heads in connection with the preparation of the planned development application. It shall be the responsibility of the Town Planner to contact these department heads and arrange a joint meeting. The general outlines of the proposal evidenced schematically by sketch plans are to be considered before submission of the planned development application. Thereafter, the Town Planner shall furnish the applicant with written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to his or her preparing the components of the planned development application.

         (a)   The purposed of the neighborhood meeting is to educate owners of nearby lands about the proposed development and application, receive comments, and address concerns about the development proposal, where possible. Neighborhood meetings are encouraged as opportunities for informal communication between owners of nearby lands, applicants, and other residents who may be affected by development proposals.

         (b)   The neighborhood meeting shall generally comply with the following procedures:

         (a)   A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning.

         (b)   A concise statement of planning objectives to be achieved by the PD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.

         (c)   If the planned development is proposed to be constructed in phases or units during a period extending beyond a single construction season, a development schedule indicating:

            1.   The order in which the phases of the project will be built; and

            2.   The minimum area and the approximate location of common open space and public improvements that will be required at each phase.

         (d)   Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures (except for single-family detached residential structures); approximate gross and net residential densities; total amount of open space (including a separate figure for usable open space); total amount and type of nonresidential construction (including separate figure for commercial or industrial facilities); economic feasibility studies or market analysis where necessary and other studies as required by the Planning Commission.

         (e)   A statement setting forth in detail:

            1.   Any exceptions which are required from the zoning and subdivision regulations otherwise applicable to the property to permit the development of the proposed planned development; and

            2.   The bulk regulations under which the planned development is proposed.

         (f)   A tabulation setting forth:

            1.   Maximum total square feet of building floor area proposed for commercial uses and for industrial uses by general type of use;

            2.   Maximum total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to commercial or industrial uses; minimum public and private open space; streets; and off-street parking and loading areas.

         (a)   The existing site conditions, including contours at two foot intervals, water courses, flood plains, unique natural features and forest cover;

         (b)   Proposed lot lines and plot designs;

         (c)   Architectural graphics including typical floor plans and elevations (an exemption from this requirement may be considered for single-family detached residential uses);

         (d)   The location and floor size of all existing buildings, structures and other improvements and proposed non-single family detached residential buildings, structures and other improvements, maximum heights, floor area ratios (for non-residential uses), types of dwelling units (for residential uses), density per type (for residential uses);

         (e)   The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open space, public parks, recreational areas, school sites and similar public and semi-public uses;

         (f)   The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way (including major points of ingress and egress to the development). Notations of proposed street ownership, public or private, should be included where appropriate, along with detailed engineering drawings of cross-sections and street standards if exceptions from the sections in the Subdivision Regulations are requested. A detailed traffic impact analysis may be required at the discretion of the Town Engineer.

         (g)   The existing and proposed pedestrian and bicycle circulation system, including its interrelationships with the vehicular circulation system indicating proposed treatments of points of conflict.

         (h)   The existing and proposed utility systems, including sanitary sewers, storm sewers, water lines and drainage.

         (i)   A general open space plan indicating the treatment of materials used for private common open spaces, including any buffer yard plates along streets or between uses.

         (j)   Enough information on land areas adjacent to the proposed PD to indicate relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of landscape.

         (k)   The proposed treatment of the perimeter of the PD, including materials and techniques used, such as screens, fences and walls.

         (l)   Any additional information as required by the Planning Commission necessary to evaluate the character and impact of the proposed PD.

         (m)   The Development Director may modify or waive any of the informational requirements contained in subsections (a) through (l) in order to reasonably adapt these requirements to a particular planned development to facilitate an orderly application process. If any informational requirement is waived, however, provisions shall be made to supply such information in a form satisfactory to the Town staff prior to approval of a development agreement.

      (1)   At least 60 days prior to the Planning Commission meeting at which it is to be considered, the owner of the property or his or her agent shall submit to the Planning Commission the Outline Plan and a completed application form and all other information required under this section. The Planning Commission shall review the application and shall recommend to the Board of Mayor and Aldermen to: approve, disapprove or approve the planned development subject to conditions. The Planning Commission may also defer a decision or take the matter under advisement until the next meeting.

      (2)   Any owner or his or her agent may appeal to the Board of Mayor and Aldermen any recommendation or condition the Planning Commission imposes in the recommendations by filing written notice of appeal at least seven days prior to review by the Board of Mayor and Aldermen. However, the applicant shall submit a Outline Plan incorporating any and all conditions not appealed to the Department of Development Services within 90 days after the Planning Commission’s decision on the requested planned development or the application shall be deemed withdrawn.

      (3)   The Department of Development Services shall forward the recommendation of the Planning Commission and any notices of appeal to the Board of Mayor and Aldermen.

      (4)   The Board of Mayor and Aldermen shall hold a public hearing on the application for the planned development and the Outline Plan after receipt of recommendations from the Department of Development Services and any notice of appeal. The Board of Mayor and Aldermen shall establish a date for a public hearing and shall cause notice thereof to be published in accordance with law at least 15 days prior to the hearing and shall mail written notice to owners of property within 500 feet of the subject project. The Board of Mayor and Aldermen shall render a decision on any appeal and shall approve, disapprove or approve the proposed planned development and Outline Plan subject to conditions and, if approved, shall set forth the conditions imposed.

      (5)   The approved Outline Plan shall bind the applicant, owner and mortgagee, if any, and the Town of Collierville with respect to the contents of such plan. The Outline Plan shall be provided by the applicant in a form suitable for recording and shall be recorded at the Shelby County Register of Deeds after receiving approval from the Board of Mayor and Aldermen.

      (6)   The Outline Plan shall be used in lieu of a Sketch Plat to comply with the provisions of the subdivision regulations pertaining to Sketch Plats.

      (7)   The Collierville Planning Commission may amend or waive a development schedule upon submission of written justification by the applicant.

      (8)   Unless as specified otherwise in this chapter, the approved Outline Plan of the planned development shall control the development of the planned development rather than any other provisions of this chapter. In the absence of an express condition of the planned development, the applicable ordinances and regulations of the Town will apply.

   (D)   Steps of the approval process following Outline Plan approval. Development plans submitted as part of the planned development shall be submitted in a form that will satisfy the requirements of the Subdivision Regulations for subdivision plats or zoning requirements for site plants.

   (E)   (1)   Application for preliminary subdivision plat/site plan approval. After an Outline Plan has been approved, the landowner shall submit an application to the Planning Commission for approval of a preliminary subdivision plat or preliminary site plan, provided that such plats/plans are in substantial compliance with the Outline Plan. The submission of a preliminary subdivision plat or preliminary site plan will be based on the type of development and will follow the applicable requirements and review procedure for a preliminary subdivision plat or preliminary site plan.

      (2)   The preliminary subdivision plat/site plan application shall include a copy of the Outline Plan showing the overall development, any applicable covenants and/or restrictions, conditions, and other required drawings and specifications as set forth by the approval of the Outline Plan.

   (F)   Construction drawings. The construction drawings for either the entire development or a phase of the development shall be reviewed by the Town Engineer in accordance with the subdivision regulations.

   (G)   (1)   Application for final subdivision plat/site plan approval. After a preliminary subdivision plat/site plan has been approved, the landowner shall submit an application to the Planning Commission for approval of a final subdivision plat or final site plan, provided that such plats/plans are in substantial compliance with the preliminary plat/site plan and the Outline Plan. The submission of a final subdivision plat or final site plan will be based on the type of development and will follow the applicable requirements and review procedure for a final subdivision plat or final site plan.

      (2)   The final subdivision plat/site plan application shall include a copy of the Outline Plan showing the overall development, any applicable covenants and/or restrictions, conditions, and any other required drawings and specifications set forth by the approval of the Outline Plan.

   (H)   Zoning administration; permits. The Building Official may issue building permits for the area of the planned development covered by an approved final subdivision plat or site plan for work in conformity with an approved final site plan and with all other applicable ordinances and regulations. However, the Building Official shall not issue an occupancy permit for any building or structure shown on the final subdivision plat or site plan of any stage of the planned development unless the open spaces and public facilities allocated to that stage of the development schedule have been conveyed to the designated public agency or Homeowner’s Association or a responsible party. The Building Official shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final subdivision plat or site plan if the completed buildings or structures conform to the requirements of the approved final subdivision plat or site plan and all other applicable regulations and ordinances.

   (I)   Reapplication if denied. If any application for a planned development is denied by the Board of Mayor and Aldermen, a reapplication pertaining to the same property and requesting the same or substantially similar planned development may not be filed within 18 months of the date final action was taken on the previous application, unless such reapplication is initiated by the Planning Commission or authorized by the Board of Mayor and Aldermen.

      (2)   If a planned development is subdivided, sold, or leased, all the owners of the subdivided, sold, or leased planned development may jointly apply for an amendment to the Outline Plan, which shall be governed by the procedures and requirements contained in this chapter for the approval of the Outline Plan.

(`00 Code, § 11-1110) (Ord. 2000-25, passed 6-11-01; Am. Ord. 2006-08, passed 7-10-06; Am. Ord. 2008-17, passed 7-28-08; Am. Ord. 2021-16, passed 1-10-22)