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.
(3) Neighborhood meeting required. A neighborhood meeting is mandatory after the submission of an application for a Planned Development Overlay. The neighborhood meeting shall take place at least 14 days prior to consideration by the Planning Commission.
(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:
1. Time and place. The neighborhood meeting shall be held either at a place that is generally accessible to neighbors that reside in close proximity to the land subject to the application or virtually online. It shall be scheduled after 5:00 p.m. and on a Monday, Tuesday. Wednesday, or Thursday and not on a day when Town Hall is closed for a holiday.
2. Notification. The applicant shall provide notification of the neighborhood meeting a minimum of ten business days in advance of the meeting by mail, to all owners and occupants within 500 feet of the land subject to the application, the Board of Mayor and Aldermen, and the Town Planner. The notification shall state the time and place of the meeting.
3. Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal and application, answer any questions, and respond to concerns neighbors have about the application and proposed ways to resolve conflicts.
4. Written summary of neighborhood record of meeting. The applicant shall provide to the Town Planner (or his or her designee) a written summary of the neighborhood meeting. The written summary shall include a list of those in attendance and a copy of any information shared with the attendees by the applicant. The written summary of the neighborhood meeting shall be provided within seven days of the meeting and be made available to the public for inspection.
(B) Outline Plan. An Outline Plan shall be submitted to the Planning Commission with the application for the planned development within six months of the pre-application conference. The Development Director shall have the authority to promulgate and publish standards and policies for the review of outline plans, as needed. An Outline Plan shall contain all items required by this subchapter and shall include those items that the Planning Commission shall specify in rules published from time to time, as well as the following:
(1) Written documents.
(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.
(2) Conceptual lot layout/site plan and supporting maps. A plan and any maps necessary to show the major details of the proposed PD must contain the following minimum information:
(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.
(C) Outline Plan approval process and effect of approval.
(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.
(J) (1) Procedure for amendment. A planned development and the approved Outline Plan may be amended in accordance with the procedure which governed its approval as set forth in this section. However, no such amendment shall be required if the applicant only proposes a modification from what has been previously approved, and such modification is determined by the Town Planner as minor. As used in this subsection, the term MINOR shall mean slight variations or alterations to the Outline Plan which cannot reasonably be expected to cause a change in the internal function of the site or its off-site impact. The Town Planner may authorize minor modifications when same are determined to be consistent with the Outline Plan. A request for a minor modification must be filed with the Department of Development Services stating the nature of the request and justification for same, as well as a proposed final site plan illustrating the proposed change, which shall be suitable for official recording in the land records of Shelby County. Before a minor planned development amendment is recorded, the Board of Mayor and Aldermen shall review and affirm the determination of the Town Planner. If the Town Planner determines the proposed modification is not minor or the determination is not affirmed by the Board of Mayor and Aldermen, the applicant may seek an amendment in accordance with the procedure which governed the initial approval as set forth in this section.
(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)