The following general provisions shall apply to any planned development overlays created by Resolution by the Board of Mayor and Aldermen.
(A) Application for planned development required. Each application for a planned development shall be submitted in accordance with requirements of these regulations and the requirements set forth in the Subdivision Regulations. Exceptions to the requirements of both regulations may be granted upon review and recommendation of the Planning Commission and approval by the Mayor and Board.
(B) Waiver of Board of Zoning Appeals action. No action of the Board of Zoning Appeals shall be required in the approval process of a planned development.
(C) Ownership and division of land. No tract of land may be considered for or approved as a new planned development unless such tract is under the single ownership of a landowner. For the purpose of this subchapter, a landowner may be a person, partnership, corporation, association or any other legal entity entitled to own property. The holder of a written option to purchase, a party purchaser to a contract for the sale of real property contingent upon the success of a PD application for the property or any governmental agency shall be considered landowners for the purpose of this section. Unless otherwise provided as a condition of approval of the PD, the landowner of an adopted PD may divide and transfer parts of such development. The Outline Plan shall control the development of any part of a PD that is subdivided, sold, or leased. No development may be undertaken in any part of the PD that is subdivided, sold, or leased that will violate the Outline Plan for the PD.
(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 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.
(F) Common open space and public facilities. The requirements of common open space and public facilities shall be in accordance with the provisions of this section.
(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.
(G) Security requirements for improvements. Adequate security shall be furnished and filed with the Town of Collierville for private and public improvements in accordance with the applicable provisions of the Subdivision Regulations and Zoning Ordinance. The security shall insure completion of all improvements, including, but not limited to public site improvements, streets, surface and subsurface drainage, water lines, sewer lines, parking areas, landscaping, planting and screening, as recommended by the Town Engineer.
(H) Development contract. The developer, and owner, if different from the developer, must enter into a development contract with the Town of Collierville Board of Mayor and Aldermen relative to all required improvements as regulated by the Subdivision Regulations or § 151.311, Site Plan Review.
(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.
(M) Comprehensive sign policy.
(1) Applicability. A comprehensive sign policy, to be enforced by the property owner or his/her designee, shall be required for all planned developments outlining color, type, illumination, size and location of all development signage. A proposed sign policy for a planned development shall be included in the outline plan and approved by the Board of Mayor and Aldermen after a recommendation by the Planning Commission and the Design Review Commission.
(2) Procedures.
(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.
(3) Requirements.
(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.
(4) Modifications of standards for signage. The Design Review Commission or Planning Commission may not waive any zoning ordinance provisions related to signage through a comprehensive sign policy. Only the Board of Mayor and Aldermen, through an approved planned development, or the Board of Zoning Appeals through a variance may waive any zoning ordinance provisions.
(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.
(`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)