The planned development district (PD) is a distinct, stand-alone zoning overlay district which is intended to encourage innovative land planning and design and avoid the monotony sometimes associated with large developments by:

(1)

Providing flexibility in the application of land development regulations that will encourage innovative development and redevelopment for residential and nonresidential purposes.

(2)

Providing flexibility in architectural design, placement, and clustering of buildings, use of open areas, provision of circulation facilities, including pedestrian facilities and parking; and related site design considerations.

(3)

Encouraging the conservation of natural features, preservation of open space and critical and sensitive areas, and protection from natural hazards.

(4)

Providing efficient use of public facilities.

(5)

Promoting attractive and functional environments for nonresidential areas that are compatible with surrounding areas; and

(6)

Accommodating developments that are exclusively residential, exclusively nonresidential, or a compatible and complementary mix of residential and nonresidential units.

(7)

To allow increases in density beyond what is typically found in a conventionally zoned tract of land or to offset any reduction in developable lands (i.e., land dedicated to open space).

(Ord. No. 2024-001, § 1, 5-13-2024)

No PD shall be approved unless the proposal is found to be consistent with the current town plan or established comprehensive plan for the Town of Somerville and any adopted special master plan for the area in which the development is proposed. The planning commission shall adjudicate the consistency of any proposed PD and determine that all proposed PDs shall be:

(1)

Consistent with the generally recognized plan for the Town of Somerville.

(2)

Compatible with development permitted under the general development provisions of this zoning ordinance.

(3)

Compatible with the use and enjoyment of other land in the vicinity.

(Ord. No. 2024-001, § 1, 5-13-2024)

The planned development process for the Town of Somerville shall include follow the following steps:

(1)

Pre-application meeting. Prior to the submission of an application, the owner and/or the project consultant shall meet with town staff to review the proposed development and the town standards and review procedures.

(2)

Outline plan. The outline plan is an overlay zoning district that provides the regulatory standards for development of a property. The underlying zoning district will remain unchanged when an outline plan is approved for a property. the process for approval consists of three steps:

A.

Review and recommendation by the planning commission.

B.

Review and final action by the board of mayor and aldermen by resolution.

C.

Recording of the approved outline plan with the Fayette County Register.

Prior to action taken on an outline plan by the board of mayor and aldermen, a public hearing shall be held and publicized as follows:

A.

The date, time and location of the public hearing shall be advertised in a local newspaper at least 15 days prior to the meeting.

B.

A notice of the public hearing shall be mailed via U.S. Mail to all adjacent properties at least 15 days prior to the meeting.

C.

A sign providing notice of the public hearing shall be placed on the property in view from all adjacent public roadways at least 15 days prior to the meeting.

(3)

Subdivision approval. Once an outline plan is approved, the applicant shall follow the process and procedures contained within the Town of Somerville subdivision regulations. All standards that have been approved in the outline plan shall provide the basis for approval of a subdivision. Any provisions in the subdivision regulations that have not been specifically identified in the outline plan shall utilize the provisions found in the subdivision regulations.

(Ord. No. 2024-001, § 1, 5-13-2024)

All applications for PD approval will be evaluated using the following standards of review:

(1)

Ownership and division of land. An application for the approval of a PD may be submitted by one or more owners of the property to be included in the PD. The holder of a written option to purchase or any governmental agency shall be considered an owner for the purposes of this section. Unless otherwise provided as a condition of approval of the PD, the landowner of an adopted planned development may divide and transfer parts of such development provided that the transferee shall be obligated to complete each such part and use and maintain it in strict conformance with the approved PD.

(2)

Adequate public facilities. Approval of a PD shall be based upon a finding that streets, utilities, and drainage features have adequate capacity to serve the proposed development. The applicant for a PD shall present any applicable studies (i.e., traffic studies) and documentation with their application that demonstrates all relevant utility companies and governmental departments have been consulted and that adequate capacity exists for their development. If deficiencies do exist, the applicant shall offer to upgrade or otherwise provide adequate facilities to support their development.

(3)

Connectivity.

(a)

Street network integration. A cohesive street network is essential for fostering organized and secure development. It guarantees that streets operate in a mutually supportive manner, ensuring suitable access for emergency and service vehicles, facilitating connectivity through interconnected transportation routes, and maintaining uninterrupted and easily navigable traffic pathways. The town encourages developers submitting planned development proposals to incorporate public street access to neighboring properties. This should encompass connections to any pre-existing streets that terminate at the property boundary. However, the town recognizes that practicality may prevent connections to all adjacent properties. Therefore, the following information shall be required with all PD applications:

(i)

A plan showing all proposed connections to adjacent properties.

(ii)

If the applicant feels that there are certain connections that are not practical or possible to make, or if they feel that their development meets the intent of this section with the connections proposed, a written explanation of their position shall be submitted with their plan.

(b)

Bicycle/pedestrian connectivity. Walkways are encouraged to be provided within the PD in a manner which promotes pedestrian safety and circulation. Walkways shall be separated from vehicular traffic except where roadway crossings are necessary. Where appropriate the plan shall provide pedestrian/bicycle access to, between or through open space areas and to appropriate off-site amenities.

(4)

Off-street parking. Off-street parking requirements shall conform to the standards located in the zoning ordinance, unless otherwise stated in the planned development. A parking study may be submitted as part of the PD application to demonstrate the amount of proposed off-street parking and its ability to accommodate the proposed uses.

(5)

Perimeter requirements. PDs shall be harmonious and not conflict with any surrounding residential neighborhood. Use of landscaping, screening, open space, architectural compatibility measures, change in density, and the placement of buildings shall be accepted land use planning tools by which this harmonious relationship can be created.

(6)

Architectural design. PD architecture should demonstrate the cohesive planning of the development and present clearly identifiable design features throughout. It is not intended that buildings be totally uniform in appearance or that designers and developers be restricted in their creativity. Rather, cohesion and identity can be demonstrated in similar building scale or mass; consistent use of facade materials; similar ground level detailing, color, or signage; consistency in functional systems, such as roadway or pedestrian way surfaces, signage, or landscaping; the framing of outdoor open space and linkages, or a clear conveyance in the importance of various buildings and features on the site. To accommodate this requirement, a design professional with design review experience should be engaged to review and approve each structure in the development on behalf of the owner's association.

(7)

Bulk regulations. The legislative body may approve an outline plan that modifies permitted uses and establishes lot size limits, setback requirements, height limits, maximum lot coverage and other bulk requirements. Any modifications to the bulk regulations shall adhere to any applicable building codes. Unless otherwise stated in the planned development, bulk regulations shall be consistent with the zoning regulations most consistent with the development type (i.e., residential, commercial, etc.) based on the interpretation of the planning commission. Regulations for accessory structures shall remain consistent with the provisions of the zoning ordinance, unless otherwise stated in the planned development and approved by the board of mayor and aldermen.

(8)

Waiver of board of zoning appeals action. No action of the board of zoning appeals shall be required in the approval of a PD.

(9)

Open space.

(a)

Required open space. In all residential PDs, a minimum of 20 percent of the gross project area shall be set aside as open space. At least 50 percent of this land shall be usable open space, as defined in this section. All PDs that are completely non-residential are exempt from this requirement.

(b)

Definitions.

(i)

Open space. Any land or area within the boundaries of a development, the preservation of which would:

(a)

Conserve and enhance natural or scenic resources.

(b)

Protect streams or water supply.

(c)

Promote the conservation of soils, wetlands, or other environmentally sensitive areas.

(d)

Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries.

(e)

Enhance recreation opportunities.

(ii)

Usable open space. An area or areas within the boundaries of a development that are designed, set aside, and maintained for either active or passive recreation, or both, and are available and accessible for use and enjoyment by all residents of the development, or designated portion of a development.

(c)

Permitted open space uses.

(i)

Open space containing natural features worthy of preservation may be left unimproved. Permitted uses for this type of open space may include, but are not limited to:

(a)

Greenbelts that serve as a buffer between land uses, using existing vegetation.

(b)

Preservation of important natural features.

(ii)

Usable open space must be suitably improved for its intended use. Permitted uses for usable open space may include, but are not limited to:

(a)

Pedestrian, bike, and multi-purpose trails.

(b)

Passive recreation areas, including pocket parks.

(c)

Active recreation areas, such as ball fields and playgrounds.

(d)

Focal points for the development, such as public gathering areas, fountains, etc.

(e)

Connectivity within the development so that an interconnected network of open space can be enjoyed by the residents.

(f)

An extension and enlargement of presently existing or planned trail, park, or other open area land adjacent to the development.

(g)

Stormwater management facilities. Stormwater detention/retention facilities may be allowed by the town as part of an open space plan.

(10)

Project phasing. A project may be developed in phases; in which case, the following provisions shall be met:

(a)

Any phasing plan shall be approved during the PD review process and shall be sufficient in terms of size and scope for the phase to exist as a "stand alone" project, in the event the applicant does not implement subsequent phases of the PD 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.

(11)

Inactive PDs.

(a)

A PD shall be considered inactive if any of the following situations occur:

(i)

If a preliminary subdivision plat or site plan has not been approved by the planning commission within one year of the effective date of the PD; or

(ii)

If a final subdivision plat has not been recorded by the planning commission within two years of the commission's approval of a preliminary subdivision plat; or

(iii)

If actual construction has not begun on an approved subdivision or site plan within 36 months of Planning Commission approval consistent with the Tennessee Vested Rights Act.

(b)

If a PD is inactive, the planning commission shall give notice to the owner/applicant and shall schedule a public hearing to make a recommendation to the board of mayor and aldermen to take any of the following actions:

(i)

Recommend extending or modifying the schedule for development.

(ii)

Recommend amendments to the outline plan.

(iii)

Recommend rescinding the PD.

(12)

Owner association. A homeowner association (HOA) or property owner association (POA) shall be required within all planned developments. The applicant shall provide documentation that an association has been formed and funded.

(Ord. No. 2024-001, § 1, 5-13-2024)

(1)

Submission requirements. An application for a planned development shall by deemed complete and forwarded to the planning commission upon submission of the following information.

A.

Planned development application, checklist, and application fee.

B.

Legal description.

C.

Project narrative.

D.

Outline plan and outline plan conditions.

(2)

Outline plan requirements. The outline plan shall include, at a minimum, the following information:

A.

General boundary description, including area, bearings, and dimensions of all property lines.

B.

General locations of existing roads with both the existing and proposed right-of-way from centerline, and the location of proposed points of ingress to and egress from the site.

C.

Existing topography.

D.

The location of all major existing tree stands.

E.

Preliminary grading and drainage information.

F.

Vicinity map, north arrow, and scale.

G.

Locations and types of existing easements.

H.

The title block, including the name of the planned development, engineer's and developer's names, total acreage, and date of draft/revision.

I.

Individual parcel numbers and/or letters, the amount of acreage on each (and designated use, if applicable).

J.

Proposed landscape plates.

K.

Names of abutting property owners and subdivisions.

L.

Outline plan conditions, including but not limited to land uses, densities, bulk requirements, access, circulation, and landscaping.

M.

Proposed overall architectural plan.

N.

All watercourses, with acreage of drainage entering and leaving, location and elevation of flood designation with the FEMA FIRM map number and map effective date.

O.

Areas dedicated for public use.

P.

A phasing plan, if more than one phase is proposed.

(Ord. No. 2024-001, § 1, 5-13-2024)

Amendments to the approved planned development shall require both planning commission and board of mayor and aldermen approval in the same process as a new application.

(Ord. No. 2024-001, § 1, 5-13-2024)