Vicksburg City Zoning Code
PART 7
Planned Development
[Added 6-4-2018 by Ord. No. 284]
§ 475-100 Recognized as special land use; Planning Commission authority.
Planned residential developments shall be recognized as special land uses. The disposition of such developments shall be the responsibility of the Planning Commission.
§ 475-101 Purpose of article.
The purpose of this article is to permit greater flexibility and, consequently, more creative and imaginative design in the development of residential areas than is generally possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, the integration of necessary commercial and community facilities, and the preservation of open space for park and recreational use. A permit may be issued for construction and occupancy of a planned residential development, subject to compliance with the requirements, standards and procedures set forth in this article.
§ 475-102 General requirements.
Any application for a special land use permit must meet the following conditions to qualify for consideration as a planned residential development (PRD):
Minimum area. The minimum area required to qualify for a planned residential development special land use permit shall not be less than four contiguous acres of land.
Ownership. The tract of land for a project must be either in one ownership or the subject of an application filed jointly by the owners of all properties included. The holder of a written option to purchase land or the holder of an executory land contract shall, for purposes of such application, be deemed to be an owner of such land.
Location. Planned residential developments shall be allowed only within the R-1, R-2, R-3 and R-4 Residential Districts and providing the applicant can demonstrate that the proposed character of development will meet the objectives of planned residential developments. In all PRD projects, the general provisions, as set forth in §§ 475-5, 475-10, 475-11, 475-37, 475-113, 475-115, 475-117 and Part 9 of this chapter shall govern, unless relief is granted by the Planning Commission and the Village Council.
Utilities. Public water, sanitary sewer and storm drainage facilities shall be provided as part of the site development. All electric and telephone transmission wires shall be placed underground.
Approval. Approval by the Planning Commission of a sketch plan and detailed site plan of all planned residential developments is required.
§ 475-103 Permitted uses.
No structure or part thereof shall be erected, altered or used, and no land shall be used in a planned residential development (PRD) except for one or more of the following:
Commercial uses. The following commercial uses may be designed and intended to serve the convenience needs of the people residing in the planned residential development:
Foodstores;
Bakeries, retail only;
Barber or beauty shops;
Banks and financial institutions;
Shoe sales and repair stores;
Florist and garden shops;
Hardware stores;
Variety stores;
Book and stationery stores;
Dry cleaning, pickup or coin-operated only;
Wearing apparel shops;
Medical or professional offices;
Drugstores; and
Post offices.
§ 475-104 Design requirements.
Within any PRD planned residential development approved under this article, the requirements set forth in this section shall apply in lieu of regulations set forth in the district in which the development is located.
Number of dwelling units permitted. The maximum number of dwelling units permitted within the PRD project shall be determined by dividing the net residential development area by the minimum residential lot area per dwelling unit required by the district in which the project is located. If the project lies in more than one zoning district, the number of dwelling units shall be computed for each district separately.
Lot area requirements. The minimum lot area for single-family dwellings shall not be reduced more than 20% below that required in the district in which the project is located. The lot area requirement for multiple-family dwellings shall not be reduced by more than 10% of that permitted in the district in which the PRD project is located.
Setback and yards. Setback and yard requirements for a PRD planned residential development shall be as follows:
Front yards. The minimum setback from a street line for a building or structure may be reduced 15 feet for any cul-de-sac street and 10 feet for any other street below that required in the district regulation in which the planned residential development is located.
Rear yards. The minimum rear yard requirements may be reduced to 25 feet in planned residential developments.
Side yards. The minimum side yard requirements may be reduced to five feet in planned residential developments.
Minimum lot frontage and width. The minimum lot frontage and width for any lot designated for single-family dwelling may be reduced 20% below the requirements of the district in which the planned residential development is located.
Screening. A screening area shall be provided along the perimeter of property on which multiple-family dwellings and/or commercial buildings are erected.
Amount of open space required. Within every PRD planned residential development there shall be planned and set aside permanently as part of the total development an amount of open space equal to not less than the aggregate accumulation of lot size reduction below the minimum lot area for the development as a whole. Before accepting the open space as meeting the requirements of this subsection, the Planning Commission must find the land thus designated to be sufficient in size, suitably located, with adequate access, and that evidence is given that satisfactory arrangements will be made for the maintenance of such designated land to relieve the Village of the future maintenance.
Arrangement of open space. All required open space within a planned residential development shall be arranged so as to provide access and benefit to the maximum number of lots and/or dwelling units. Separate tracts of open space shall have adequate access from at least one point along a public street.
§ 475-105 Application procedure and approval process.
General. Whenever any PRD planned residential development is proposed, before any building permit is granted, the developer shall apply for and secure approval of the special land use in accordance with the following procedures and obtain approval of a detailed site plan from the Planning Commission.
Application for sketch plan approval. Application for sketch plan approval of a PRD planned residential development shall be made as follows:
In order to allow the Planning Commission and the developer to reach an understanding of basic design requirements prior to detailed site design investment, the developer shall submit a sketch plan of his/her proposal to the Planning Commission. The sketch plan shall be drawn to approximate scale and clearly show the following information:
Boundaries of the property.
Location and height of all buildings.
Interior roadway system, parking facilities and all existing rights-of-way and easements, whether public or private.
Delineation of the various residential areas, indicating for each such area its size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type, plus a calculation of the net residential density.
The interior open space system.
The overall stormwater drainage system.
If grades exceed 30%, or portions of the site have a moderate to high susceptibility to erosion, or a moderate to high susceptibility to flooding and/or ponding, an overlay outlining the above susceptible soil shall be provided.
Principal ties to the neighborhood and community with respect to transportation, water supply and sewage disposal.
General description of the provision of other community facilities, such as schools, recreational facilities, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
A location map showing uses and ownership of abutting lands.
In addition, the following documentation shall accompany the sketch plan.
Evidence that the proposal is compatible with the objectives of the community's comprehensive plan.
General statement as to how common open space is to be owned and maintained.
The sketch plan shall show the intended total project. If the development is to be constructed in phases, a general indication of how the sequence of phases is to proceed shall be identified.
The Planning Commission shall hold a public hearing or hearings on the application for planned residential development in accordance with Section 503 of Act No. 110 of the Public Acts of 2006 (MCLA § 125.3503), as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Following the public hearing, the Planning Commission shall, within 60 days, approve or disapprove the sketch plan and so notify the applicant of its decision.
Approval of the sketch plan shall not constitute approval of the detailed site plan, rather it shall be deemed an expression of approval of the layout as a guide to the preparation of the detailed plan.
Request for changes in sketch plan. If it becomes apparent that certain elements of the sketch plan, as it has been approved by the Planning Commission, become unfeasible and in need of modification, the applicant shall then resubmit his/her entire sketch plan, as amended, to the Planning Commission, pursuant to the procedures of Subsection B of this section.
Application for detailed site plan approval. Application for detailed site plan approval for a PRD planned residential development shall be made as follows:
After receiving approval from the Planning Commission on a sketch plan, the applicant may prepare his/her detailed site plan and submit it to the Planning Commission for approval. However, if more than six months have elapsed since the time of sketch plan approval, the Planning Commission may require a resubmission of the sketch plan for further review and possible revision.
The detailed site plan shall conform to the sketch plan that has received approval. It should incorporate any revisions or other features that may have been recommended by the Planning Commission at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
The detailed site plan shall include the following information:
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivisions, streets, utilities, and easements within 300 feet of the applicant's property.
A topographic map showing contour intervals of not more than four feet of elevation shall be provided.
A site plan showing location, proposed use, and height of all buildings, location of all parking areas, with access and egress drives thereto; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences, description of method of water supply and sewage disposal and location of such facilities; location and size of all signs; location and proposed development of screened areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.
A tracing overlay showing all soil types and their location, and those areas, if any, with moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.
Required standards for approval. The Planning Commission's review of the detailed site plan shall include the following:
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization, traffic controls, and pedestrian movement.
Location, arrangement, appearance, and sufficiency of off-street parking.
Location, arrangement, size and entrances of buildings, walkways and lighting.
Relationship of the various uses to one another.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring screen between adjacent uses and adjoining lands.
In the case of multiple dwellings, the adequacy of usable open space for playgrounds and recreation.
Adequacy of water supply, stormwater and sanitary waste disposal facilities.
Adequacy of structures, roadways, and landscaping in areas with moderate to high susceptibility to flooding, ponding and/or erosion.
Compliance with all regulations of this chapter.
Action on the detailed site plan. The Planning Commission shall render its approval or disapproval of the detailed site plan for a PRD planned residential development and so notify the applicant and the Building Inspector.
Revocation. In any case where construction on the PRD planned residential development has not commenced within one year from the date of approval, then the special land use permit shall be null and void.
§ 475-106 Purpose of article.
This article sets forth the procedures and approval standards to rezone land within the Village of Vicksburg to a Planned Unit Development District ("PUD District"). The purpose and intention of establishing a PUD District is to afford landowners a degree of flexibility from the development standards found in non-PUD Districts. By establishing a PUD District, the Village seeks to encourage innovation in land use, specifically on sites with significant natural, historical and architectural value or on sites that exhibit difficult development constraints.
§ 475-107 Objectives.
The following objectives shall be satisfied by the creation of a PUD District:
To provide more desirable living, shopping and working environments by preserving as much of the natural character of the property as possible;
To encourage the preservation of open space and the development of recreational space and facilities;
To allow phased construction with the knowledge and security that subsequent phases will be approved as originally planned and approved by the Village;
To promote flexibility in design and development plans;
To promote the efficient and beneficial use of land for and by Village residents and visitors alike; and
To ensure a quality of construction similar to other developments within the Village.
§ 475-108 Application and approval procedures.
Application for PUD approval. An application and all supporting materials referenced below (collectively referred to as the "application") may be submitted to the Village c/o the Village Manager during regular business hours.
Application review. Upon submission of the application, the Village Manager will review same with the assistance of Village personnel and third party consultants.
Planning Commission. Within 30 days after the submission of the application, or as soon thereafter as possible, the application shall be reviewed by the Village Planning Commission at a public meeting along with any reports or documents provided to the Planning Commission by Village personnel and consultants.
Village Council.
After the application has been reviewed by the Vicksburg Planning Commission, the Village of Vicksburg Council shall hold a public hearing on the application. Based on a review of the materials, including but not limited to the application, all supporting documents and reports provided by the applicant, all reports and documents provided by Village personnel and consultants, the opinion rendered by the Planning Commission, and upon the consideration of public opinion, the Village Council shall vote to approve or deny the application to create a new PUD District. The Village Council may adjourn the matter for up to 45 days to provide the applicant time to submit additional information.
A PUD District may be developed in multiple stages. Any development within the PUD District that includes uses proposed for the PUD District that are not already permitted by the PUD District's existing PUD development agreement must be submitted to the Planning Commission for review and must be approved by the Village Council after a public hearing.
Approval of an application for a PUD District shall have no bearing on the Village's review or approval of a subsequent application or modified application for a PUD District.
§ 475-109 Application materials.
An application packet shall include all of the following materials:
Application for planned unit development approval. An application shall be available at the Vicksburg Village Hall during all regular business hours;
District site plan. Applicants must provide materials related to the tentative development of the PUD District. The district site plan must include information related to:
Building development, including estimated timelines for construction;
Landscaping and open space use within the PUD District;
Environmental impact showing the effect the PUD District may have on the surrounding: land, streams and wetlands; air quality; and stormwater drainage, water supply and sewage disposal systems.
If it is determined that the PUD District will have a greater than proportional impact on the Village's infrastructure, the applicant may be responsible for its reasonable share of costs associated with the improvements necessary to make the system(s) operative, as determined by the Village.
Traffic impact study detailing the impact that the PUD District would have on traffic and public roadways as well as parking within the Village;
Community impact study outlining the impact that the PUD District would have on the Village residents, including but not limited to the following:
The impact on surrounding property values;
Any potential changes to the Village in terms of noise, litter, odor or light;
The impact on the population of the Village, including data regarding the effects on the local school district; and
An outline of the potential costs to the Village, the school district, and the police and fire departments serving the Village.
Economic feasibility study showing the economic impact that the PUD District would have on the Village; and
Additional Village requests. In order to better evaluate the impact of the PUD District on the Village, the Planning Commission and the Village Council may require additional information about the applicant's plan.
Any development of the PUD District shall require individual development site plans that must be submitted to the Planning Commission and approved by the Village Council.
§ 475-110 Standards for approval.
The application and supporting information referenced above must show that:
The PUD District is compatible with the Village's Master Plan;
The PUD District would not have a significant negative impact, as reasonably determined by the Village Council, on properties and bodies of water adjacent to the PUD District;
The PUD District would not have a significant negative impact, as reasonably determined by the Village Council, on the residents of the Village;
The creation or continued development of the PUD District would not create additional costs for either the Village or the Village residents or, alternatively, all such costs will be paid for directly by the applicant; and
The PUD District would not have a significant and unreasonable negative impact, as determined by the Village Council, on government services provided to Village residents.
§ 475-111 Zoning standards.
The Village has established the following minimum standards for every PUD District. Applicants shall submit an individual development site plan for each construction phase. Any provisions of the Village Code which are not addressed or otherwise superseded by this article shall remain in full force and effect.
Permitted uses.
Multiple-family residential dwelling. No PUD District may exceed an average of three residential units per acre within the PUD District. Residential dwellings located in a PUD District may only be permitted when part of a mixed-use development. Mixed-use may include residential uses on the ground floor only when located within a PUD District; and
Mixed-use. For the purposes of this chapter, mixed-use may include any permitted or special land use allowed in the C-2, C-3 and I-2 Zones in conjunction with any multiple-family residential use.
Such other unique use, or combination of uses, that may be approved by the Planning Commission and Village Council pursuant to a PUD District application.
Lot. Each PUD District must contain no less than 10 acres of land. If the PUD District consists of more than one parcel, all parcels must be adjacent to each other. All standard setbacks apply within the PUD District for individually owned parcels. For all parcels under common ownership, the setbacks shall be applied from the perimeter of the parcels as if they were adjoined.
Ownership. All parcels of land within the PUD District must be owned by one party, entity or individual or, alternatively, all owners of property within the PUD District must acknowledge their desire to create the PUD District and willingness to abide by the terms of all applicable regulations and ordinances in writing.
Structures. No newly developed structure may be taller than 40 feet in height.
Open space. No less than 30% of any PUD District shall remain undeveloped and be designated as open space.
Setback. All newly developed permanent structures within the PUD District must be located no less than 50 feet from all property lines.
Off-street parking. Applicant must demonstrate that sufficient parking exists for any and all proposed uses. Parking may be permitted on or off premises. Parking shall conform to the standards of this chapter or as determined sufficient by the Village Council. Approval of off-premises parking shall be subject to written consent from any property owners where such parking may be provided. The Planning Commission or Village Council may require notarized documents or recording of documents verifying off-premises parking if deemed necessary. Failure to maintain minimum approved off-street parking shall be considered a violation of this chapter.
Site work such as vehicle parking areas in excess of 20 parking spaces, grade changes requiring a soil erosion permit and any development subject to site plan review per § 475-31 of this chapter shall require site plan approval prior to the start of work or issuance of a building permit. Phased development of a PUD is subject to all reviews and approvals as outlined in the Code of the Village of Vicksburg that may apply. The PUD plan on file for any area zoned PUD in the Village shall be valid in perpetuity such that any site plan review of further development within a PUD District will be subject to that plan as approved.
Notwithstanding the forgoing, the Village Council, upon recommendation of the Planning Commission, shall have the authority to deviate from the aforementioned standards on a case-by-case basis when reviewing and approving a PUD District application.
Any modification from these standards shall be requested in the application and, if approved, outlined in the development agreement.
§ 475-112 Fees.
At the time the application is submitted, the applicant must submit a fee to the Village to be held in a separate escrow account and applied to all actual costs associated with the review of and decisions made on the application. The actual costs shall include but not be limited to all administrative costs (copies), legal fees, consultant fees, publication costs, and all other costs that the Village incurs in reviewing and either approving or denying the application. The Village will provide the applicant with an updated invoice within a reasonable time after such a request is made to the Village.
The initial fee shall be in the amount of $25,000. If the Village incurs additional charges above the amount retained, it shall provide an invoice to the applicant and the applicant shall provide payment for the invoice within 30 days. Any funds not used by the Village in the review and approval or denial process shall be refunded to the applicant.