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CITY OF MUSKEGON CITY COMMISSION WORKSESSION Monday, January 9, 2017 5:30 p.m. City Commission Chambers AGENDA 1. Tree Grant from Consumer’s Energy 2. Red Project 3. Brownfield Plan Amendment – Watermark 4. Amendment to the Zoning Ordinance – Waterfront Industrial Planned Unit Development (WI-PUD) 5. Highpoint Flats Update 6. Any Other Business 7. Adjournment At a regular meeting of the City Council of the City of Muskegon, County of Muskegon, Michigan, held on the ______ day of ________ 2016, at the Muskegon City Hall in said City at 5:30 p.m. PRESENT: ABSENT: The following preamble and resolution were offered by Councilmember ____________ and supported by Councilmember _____________: RESOLUTION TO ALLOW GRAND RAPIDS RED PROJECT TO OPERATE A HARM REDUCTION PROGRAM IN THE CITY OF MUSKEGON WHEREAS, the City of Muskegon is authorized by the provisions of Act 279 of 1909 under MCL 117.3(j), The Home City Rule, to enter into a contract with a private organization to provide for health including the prevention of infectious diseases, prevention of drug abuse, and the counseling and treatment of drug abusers; and WHEREAS, the City of Muskegon is also authorized by the provisions of Act 368 of 1978 under MCL 333.7457 (f) to allow a private organization operating within the City limits to offer for sale, sell, or give away an object used to prevent the transmission of infectious agents; and WHEREAS, the transmission of HIV/AIDS, Hepatitis C, and other infectious diseases continues to negatively impact this community, with at least 16% of people currently living with HIV/AIDS in Muskegon County having contracted the disease through injection drug use; and WHEREAS, the Grand Rapids Red Project has a nineteen year history of working cooperatively with law enforcement, public health organizations, substance abuse treatment agencies, the courts, and the media to educate and inform the public on the principles of a harm reduction program and the results of such a program; and WHEREAS the Grand Rapids Red Project desires to offer its services throughout Muskegon County, including the city of Muskegon, including the operation of mobile services within the City, to better address the transmission of infectious diseases in the City, including Hepatitis C and HIV/AIDS; and WHEREAS the Grand Rapids Red Project has secured private funding from a variety of sources; hired staff; developed effective comprehensive collaborations with other community agencies for purposes of referral; and will include HIV and Hepatitis C prevention, counseling and testing, substance abuse counseling, recovery coaching and referral to treatment, and Muskegon/Red Project Resolution 1 overdose prevention and response training on site as well as referrals for STI testing, food, clothing, shelter, domestic violence and other critical needs of the target population; and WHEREAS, a proposed resolution to allow Grand Rapids Red Project to operate a harm reduction program in the City of Muskegon pursuant to Act 279 and Act 368 has been presented to the City Council; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Grand Rapids Red Project is authorized to operate a harm reduction program for syringe and needle exchange within the city of Muskegon, including the operation of mobile services within the City, for the sole purposes of preventing the transmission of infectious agents; and 2. The Grand Rapids Red Project, its staff, Board of Directors, and volunteers, while acting within the scope of authority granted herein, are conducting an activity permitted by the state of Michigan and are exempt from the provisions of the Public Health Code, MCL 333.7451, et seq.; and 3. The Grand Rapids Red Project, its staff, Board of Directors, and volunteers, while acting within the scope of authority granted herein, are conducting an activity permitted by the state of Michigan and are exempt from the provisions of Part II, Chapter 54, Article V, Division 1, Section 54-121 of the Code of Ordinances, City of Muskegon, Michigan. FURTHER INFORMATION may be obtained from the Office of the City Manager at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan 49440. This notice is given by order of the City Council of the City of Muskegon, Michigan. _______________________________________ Ann Marie Meisch City Clerk I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Council of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on ___________________, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. _______________________________________ Ann Marie Meisch City Clerk AYES: Muskegon/Red Project Resolution 2 NAYS: RESOLUTION DECLARED ADOPTED. _____________________________________ Ann Marie Meisch City Clerk Muskegon/Red Project Resolution 3 Commission Meeting Date: January 10, 2017 Date: January 3, 2017 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Public Hearing for Brownfield Plan Amendment and Development and Reimbursement Agreement for P&G Holdings NY, LLC Redevelopment Project (Watermark) SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving and adopting the amendment to the Brownfield Plan and to approve the Development and Reimbursement Agreement. The amendments are for property owned by P&G Holdings NY, LLC. FINANCIAL IMPACT: Brownfield Tax Increment Financing will be used to reimburse the developer for “eligible expenses” incurred in association with development of the Watermark project. P&G Holdings NY, LLC cost for the development of the property is approximately $30 million in private investment, resulting in a substantial increase in the local and school taxes generated by the property. “Eligible Expenses” would be reimbursed starting in 2018. The estimated tax capture and payment schedule is included as Attachment U-3 in the proposed Brownfield Plan Amendment. After all eligible costs incurred by the various parties are reimbursed (estimated to be in 2047), the BRA is authorized to continue to capture local taxes for five more years for deposit into a Local Site Remediation Revolving Fund. The Development and Reimbursement Agreement provides the structure for the capture of taxes and the reimbursement to P&G Holdings and the City of Muskegon for eligible expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To hold a public hearing for approval of the Brownfield Plan Amendment for the P&G Holdings NY, LLC Redevelopment Project and approve the attached resolution and authorize the Mayor and Clerk to sign the resolution, and to approve the Development and Reimbursement Agreement between P&G Holdings NY, LLC, the City of Muskegon and the City of Muskegon Brownfield Redevelopment Authority. COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for January 10, 2017 at their December 13, 2016 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions. In addition, the Brownfield Redevelopment Authority approved the Plan amendment and the Development and Reimbursement Agreement on December 6, 2016 and recommends that the Muskegon City Commission approve the Plan amendment and Development and Reimbursement Agreement. RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT AND DEVELOPMENT AND REIMBURESMENT AGREEMENT P & G Holdings NY, LLC Redevelopment Project (Watermark) City of Muskegon County of Muskegon, Michigan Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City Commission Chambers, on the 10th day of January 2017, at 5:30 p.m., prevailing Eastern Time. PRESENT: Members ________________________________________________________________________ ____________________________________________________________ ABSENT: Members __________________________________________________________________ The following preamble and resolution were offered by Commissioner _________________ and supported by Commissioner _________________: WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the "Authority") has prepared and approved a Brownfield Plan Amendment to add P & G Holdings NY, LLC Redevelopment Project (Watermark) ; and WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City Commission requesting its approval of the Brownfield Plan Amendment; and WHEREAS, the Authority has forwarded the Development and Reimbursement Agreement to the City Commission requesting its approval of the Development and Reimbursement Agreement; and WHEREAS, the City Commission has provided notice and a reasonable opportunity to the taxing jurisdictions levying taxes subject to capture to express their views and recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and WHEREAS, not less than 10 days has passed since the City Commission provided notice of the proposed Brownfield Plan to the taxing units; and WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan on January 10, 2017. NOW, THEREFORE, BE IT RESOLVED, THAT: 1. That the Brownfield Plan constitutes a public purpose under Act 381. 2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381. 3. That the proposed method of financing the costs of the eligible activities, as identified in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the authority to arrange the financing. 4. That the costs of the eligible activities proposed in the Brownfield Plan are reasonable and necessary to carry out the purposes of Act 381. 5. That the amount of captured taxable value estimated to result from the adoption of the Brownfield Plan is reasonable. 6. That the Brownfield Plan in the form presented is approved and is effective immediately. 7. That the Development and Reimbursement Agreement is approved and is effective immediately. 8. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. Be It Further Resolved that the Mayor and City Clerk are hereby authorized to execute all documents necessary or appropriate to implement the provisions of the Brownfield Plan. AYES: Members ________________________________________________________________________ ________________________________________________________________________ ______________________________________________________ NAYS: Members________________________________________________________________ ____________________________________________________________ RESOLUTION DECLARED ADOPTED. _____________________________ Ann Marie Meisch, City Clerk _____________________________ Stephen J. Gawron, Mayor I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on January 10, 2017, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. _____________________________ Ann Marie Meisch, City Clerk CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN AMENDMENT FOR THE P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT August 17, 2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN AMENDMENT FOR THE P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment Authority on February 23, 1998, with amendments approved 8/10/98; 6/13/00; 4/15/03; 7/7/03; 4/20/04; 6/21/04; 9/8/04; 9/5/06; 2/23/07; 5/15/07, 11/12/07, 5/13/08, 6/24/08, 4/9/13 _______________. Original Plan Approved by the City Commission of the City of Muskegon on April 14, 1998, with amendments approved 8/11/98; 7/11/00; 5/27/03; 8/12/03; 5/25/04; 7/13/04; 7/27/04; 10/12/04; 10/24/06; 3/27/07; 6/12/07; 1/8/08, 5/13/08, 6/24/08, 5/14/13 and ______________. ii 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN INDEX Page I. INTRODUCTION 1 II. GENERAL PROVISIONS 1 A. Costs of the Brownfield Plan 1 B. Maximum Amount of Indebtedness 2 C. Duration of the Brownfield Plan 2 D. Displacement/Relocation of Individuals on Eligible Properties 2 E. Local Site Remediation Revolving Fund 2 III. SITE SPECIFIC PROVISIONS 3 A. Kirksey/Anaconda Property (Approved 4/14/98) B. Dilesco Corporation Property (Approved 8/11/98) C. Beacon Recycling (Approved 7/11/00) D. Verplank Dock Company (Approved 5/27/03) E. Gillespie Development Property (Approved 8/12/03)) F. Loft Properties, LLC Property (Approved 8/12/03) G. Parmenter O’Toole Property (Approved 8/12/03) H. “The WaterMark” Project (Approved 5/25/04) I. Northern Machine Tool (Approved July 13, 2004) J. Terrace Lots Office Building (Approved July 13, 2004) K. Art Works Apartments (Approved July 27, 2004) L. Former Muskegon Mall (Approved October 12, 2004) M. Vida Nova at Edison Landing (Approved 10/10/06) N. Western Ave. Properties LLC and Port City Development Services, LLC (Approved 10/10/06) O. Viridian Place at Edison Landing (Approved 10/24/06) P. Hot Rod Harley (Approved March 27, 07) Q. Sidock Building Project (Approved June 12, 07) R. Heritage Square Town Homes (Approved 1/8/08) S. Betten Auto Dealerships (Approved 5/13/08) T. Parkland Muskegon Mixed Use Project (Approved 6/24/08) U. Terrace Point Landing Redevelopment Project (Approved 5/14/13) V. ___________________ iii 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project I. INTRODUCTION In order to promote the revitalization of commercial, industrial, and residential properties within the boundaries of the City of Muskegon (the “City”), the City established the City of Muskegon Brownfield Redevelopment Authority (the “Authority”) pursuant to the Brownfield Redevelopment Financing Act, P.A. 381 of 1996, as amended (“Act 381”), and a resolution adopted by the Muskegon City Commission on February 10, 1998. Terms defined in Act 381 and applicable sections of the statute are noted in italics throughout this document. The major purpose of this Brownfield Plan (“Plan”) is to promote the redevelopment of eligible properties within the City that are impacted by the presence of hazardous substances in concentrations that exceed Michigan’s Part 201 Generic Cleanup Criteria (“facilities”) or that have been determined to be Functionally Obsolete or Blighted. Inclusion of property within this Plan can facilitate financing of environmental response activities, infrastructure improvements, demolition, lead or asbestos abatement, and site preparation activities at eligible properties; and may also provide other incentives to eligible taxpayers willing to invest in revitalization of eligible properties. By facilitating redevelopment of underutilized eligible properties, the Plan is intended to promote economic growth for the benefit of the residents of the City and all taxing units located within and benefited by the Authority. This Plan is intended to be a living document, which can be amended as necessary to achieve the purposes of Act 381. It is specifically anticipated that properties will be continually added to the Plan as new projects are identified. The Plan contains general provisions applicable to the Plan, as well as property-specific information for each project. The applicable Sections of Act 381 are noted throughout the Plan for reference purposes. This Brownfield Plan contains the information required by Section 13(1) of Act 381, as amended. Additional information is available from the Muskegon City Manager or the Director of Planning and Economic Development. II. GENERAL PROVISIONS A. Costs of the Brownfield Plan (Section 13(1)(a)) Any site-specific costs of implementing this Plan are described in the site-specific section of the Plan. Site-specific sources of funding may include tax increment financing revenue generated from new development on eligible brownfield properties, state and federal grant or loan funds, and/or private parties. Where private parties finance the costs of eligible activities under the Plan, tax increment revenues may be used to reimburse the private parties. The initial costs related to preparation of the Brownfield Plan were funded by the City’s general fund. Subsequent amendments to the Plan may be funded by the person requesting inclusion of a project in the Plan, and if eligible, may be reimbursed through tax increment financing. The Authority intends to pay for administrative costs and all of the things necessary or convenient to achieve the objectives and purposes of the Authority with fees charged to 1 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project applicants to be included in the Plan, and any eligible tax increment revenues collected pursuant to the Plan, in accordance with the provisions of Act 381, including, but not limited to: i) the cost of financial tracking and auditing the funds of the Authority, ii) costs for amending and/or updating this Plan, and iii) costs for Plan implementation Tax increment revenues that may be generated and captured by this Plan are identified in the site-specific sections of this Plan. B. Method for Financing Costs of Plan (Section 13(1)(d) and (e)) The City or Brownfield Authority may incur some debt on a site-specific basis. Please refer to the site-specific section of this Plan for details on any debt to be incurred by the City or Authority. When a property proposed for inclusion in the Plan is in an area where tax increment financing is a viable option, the Authority intends to enter into Development Agreements with the property owners/developers of properties included in the Plan to reimburse them for the costs of eligible activities undertaken pursuant to this Plan. Financing arrangements will be specified in a Development and Reimbursement Agreement, and also identified in the Site Specific section of the Plan. C. Duration of the Brownfield Plan (Section 13(1)(f)) The duration of this Plan is expected to be 35 years. It is estimated that the demolition and abatement costs associated with the Project (defined below) will be completed by the end of 2017 and it is estimated that it could take up to 30 years to recapture eligible costs through tax increment revenues. In addition, once all activity costs are reimbursed, funds may be captured for the local site remediation revolving fund, if available. Therefore, the duration of capture for the Project (defined below) will begin no later than 2018 and will continue until such time that all the eligible activities undertaken in this Plan are reimbursed, but in no event will the Plan exceed the maximum duration provided for in (MCLA 125.2663(1)(22)). The total costs of eligible activities include the cost of principal and interest on any note or obligation issued by the Authority to pay for the costs of eligible activities, the cost of principal and interest otherwise incurred to pay for eligible activities, the reasonable costs of a work plan or remedial action plan and the costs of preparation of Brownfield Plans and amendments. D. Displacement/Relocation of Individuals on Eligible Properties (Section 13(1)(i),(j)(k)(l) The proposed amendment to the Plan will not result in the displacement or relocation of any individuals on eligible properties identified in this Plan. Therefore, the provisions of Section 13(1)(i-l) are not applicable at this time. E. Local Site Remediation Revolving Fund (Section 8; Section 13(1)(m)) Whenever this Plan includes a property for which taxes will be captured through the tax increment financing authority provided by Act 381, it is the Authority's intent to establish 2 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project and fund a Local Site Remediation Revolving Fund ("Fund"). The Fund will consist of tax increment revenues that exceed the costs of eligible activities incurred on an eligible property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture of tax increment revenue from an eligible property for up to 5 years after the time that capture is required for the purposes of paying the costs of eligible activities identified in the Plan. It is the intention of the Authority to continue to capture tax increment revenues for 5 years after eligible activities are funded from those properties identified for tax capture in the Plan, provided that the time frame allowed by Act 381 for tax capture is sufficient to accommodate capture to capitalize a Fund. The amount of school operating taxes captured for the Revolving Fund will be limited to the amount of school operating taxes captured for eligible environmental response activities under this Plan. It may also include funds appropriated or otherwise made available from public or private sources. The Revolving Fund may be used to reimburse the Authority, the City, and private parties for the costs of eligible activities at eligible properties and other costs as permitted by Act 381. It may also be used for eligible activities on an eligible property for which there is no ability to capture tax increment revenues. The establishment of this Revolving Fund will provide additional flexibility to the Authority in facilitating redevelopment of brownfield properties by providing another source of financing for necessary eligible activities. III. SITE SPECIFIC PROVISIONS P&G Holdings NY, LLC Redevelopment Project 1. Eligibility and Project Description(Sec. 13(1)(h)) Project Description The proposed project includes a plan to redevelop approximately 435,000 square feet of the remaining building into a mixed use project that will include residential market rate rental units and a full-scale family entertainment center (the “Project”). The Project will include the addition of approximately 120 new market rate residential apartments and approximately 200,000 square feet of entertainment and commercial space that would include bowling/arcade, a restaurant, laser tag, cybersport, a trampoline park, concert venue, indoor mountain biking and commercial retail/office space spread throughout the building. The Project is expected to reactivate the building and generate the creation of approximately 125+ jobs at the site. The Project will include significant interior demolition and abatement activities in order to prepare the building for redevelopment. A proposed site plan is included in Attachment U-2. The private capital investment to complete the Project is estimated to be approximately $30+ million with approximately $7.6 million required to address the demolition and abatement costs alone. The Project will likely result in approximately 125+ new jobs with average wages of approximately $10/hr and approximately 85+ temporary construction jobs during the estimated 24 months of construction. 3 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project The eligible property comprising the P&G Holdings NY, LLC Redevelopment Project included in this Plan consists of three parcels of property in downtown Muskegon, Michigan (see Attachment U-1). The parcel number/legal description of the eligible property is: Address: 920 Washington Avenue Parcel: #61-24-205-467-0001-00 Legal description: CITY OF MUSKEGON REVISED PLAT 1903 PT OF BLKS 467 AND 468 AND ENTIRE BLK 474 TOGETHER WITH PT OF THE C & O RR R/W IN SD BLK 467 VAC MICHIGAN AVE BET SD BLKS 467 & 474 THE 2 VAC ALLEYS IN SD BLK 474 DESC AS BEG ON THE N R/W LN OF MICHIGAN AVE AT A POINT BEING N 89D 48M 11S E 549.04 FT FROM THE SW COR OF SD BLK 468 TH N 02D 11M 01S E 7.87 FT TH S 87D 51M 37S E 111.67 FT ALG SLY LN OF A 5 STY BLDG TH N 02D 23M 08S E 85.09 FT ALG E SIDE OF A 4 IN WALL TH S 87D 48M 59S E 28.01 FT ALG NLY LN OF SD 5 STY BLDG TH N 02D 11M 01S E 21.28 FT ALG SD BLDG TH N 88D 38M 32S W 12.93 FT ALG SD BLDG LN TH N 00D 42M 58S E 57.92 FT ALG SD BLDG LN TH S88D 25M 41S E 8.43 FT ALG SD BLDG LN TH N 88D 25M 41S W 0.40 FT ALG SD BLDG LN TH N 01D 34M 19S E 0.30 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.72 FT ALG SD BLDG LN TH N 00D 30M 20S E 24.63 FT TH N 82D 30M 04S W 8.71 FT TH S 00D 30M 20S W 9.53 FT TH N 83D 24M 04S W 13.72 FT ALG SD 5 STY BLDG LN TH N 09D 23M 07S E 9.68 FT ALG SD 5 STY BLDG LN TH N 82D 30M 04S W 112.12 FT ALG SD BLDG LN & THE EXTENSION TH'OF TH N 07D 28M 33S E 75.55 FT ALG SD BLDG LN & THE EXTENSION TH'OF TH S 82D 42M 42S E 474.11 FT ALG THE SLY R/W LN OF WESTERN AVE TH S 00D 01M 06S E 664.21 FT ALG THE W R/W LN 0F DIVISION ST TH S 89D 34M 02S W 476.58 FT ALG THE N R/W LN OF WASHINGTON AVE TH N 00D 20M 35S W 414.17 FT ALG THE E R/W LN OF HUDSON ST TH S89D 48M 11S W 1.29 FT ALG THE S R/W LN OF MICHIGAN AVE TO POB CONTAINING 304,686 SF (6.995 AC) SUBJ TO DECLARATION OF RESTRICTIVE COVENANT RECOR'D 3629/083 SBJT TO ELECTRIC LNS ESMT RECORD'D L/P 3630/666 DESC AS A 10FT WIDE STRIP & BEING 5 FT ON EA SIDE OF EA UNDERGROUND ELECTRIC LN AS CONSTRUCTED ON OWNER'S LAND A 30 FT WIDE STRIP OF LAND BEING 15 FT ON EA SIDE OF EA OVERHEAD ELECTRIC LN AS CONSTRUCTED ON OWNERS LAND Address: 965 W. Western Avenue Parcel: #61-24-205-468-0001-10 Legal description: CITY OF MUSKEGON REVISED PLAT 1903 BLK 468 AND PT OF BLK 467 VAC ALLEY IN BLK 468 PART OF FORMER C & O RAILROAD R/W IN BLK 467 & 468 AND VAC HUDSON ST BET BLK 467 AND 468 AND ALL BEING DESC AS BEG AT THE SW COR OF SAID BLK 468 TH N 00D 19M 25S W 351.64 FT ALG E R/W LN OF FRANKLIN ST TH N 89D 58M 00S E 278.5 FT ALG THE S R/W LN OF WESTERN AVE TH S 82D 42M 42S E 284.66 FT ALG SD R/W LN TH S 07D 28M 33S W 75.55 FT ALG THE WLY LN & EXTENSION TH'OF OF A 5 STORY BRICK BLDG TH S 82D 30M 04S E 112.12 FT ALG SD BLDG LN & THE EXTENSION TH'OF TH S 09D 23M 07S W 9.68 FT ALG SD BLDG LN TH S 83D 24M 04S E 13.72 FT ALG SD BLDG LN TH N 00D 30M 04S E 8.71 FT TH S 00D 30M 20S W 24.63 FT TH S 88D 25M 41S E 8.72 FTALG SD BLDG LN TH S 01D 34M 19S W 0.30 FT ALG SD BLDG LN TH S 88D 25M 41S E 0.40 FT ALG SD BLDG LN TH S 00D 42M 58S W 29.45 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.43 FT ALG SD BLDG LN TH S 00D 42M 58S W 57.92 FT ALG SD BLDG LN TH S 88D 38M 32S E 12.93 FT ALG SD BLDG LN TH S 02D 11M 01S W 21.28 FT ALG SD BLDG LN TH N 87D 48M 59S W 28.01 FT ALG SD BLDG LN TH S 02D 23M 08S W 85.09 FT ALG E SIDE OF A 4 IN WALL TH N 87D 51M 37S W 111.67 FT ALG SLY SIDE OF SD 5 STY BLDG LN TH S 02D 11M 01S W 7.87 FT TH S 89D 48M 11S W 549.04 FT ALG N LN OF MICHIGAN AVE TO POB CONTAINING 217056 SF (4.983 AC) SUBJ TO DECLARATION OF RESTRICTIVE COVENANT RECOR'D 3629/083 4 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project Address: 1330 Division Street Parcel: #61-24-205-466-0001-00 Legal description: CITY OF MUSKEGON THAT PT OF BLKS 466 & 475 VAC MICHIGAN AVE AND VAC CLAY AVE COM AT THE SW COR OF SD BLK 475 FOR POB TH N ALG E LN OF DIVISION ST 337.47 FT TH N 89D 40M 00S E 427.35 FT TO W LN OF HENRY ST TH S 05D 18M 10S W ALG SD W LN 144.97 FT TO NE COR OF SD BLK 475 TH S 00D 28M 45S W ALG SD W LN 194.75 FT TO SE COR OF SD BLK 475 TH S 89D 52M 30S W ALG S LN OF SD BLK 412.33 FT TO POB SUBJ TO DECLARATION OF RESTRICTIVE COVENANT RECOR'D 3629/083 This eligible property includes all existing real and new personal property. The eligible property is considered a “facility” pursuant to Part 201. A limited Industrial/Commercial Remedial Action Plan (RAP) submitted by Lakeview Industrial Center, Inc. for the entire Shaw Walker facility was approved by the MDEQ on November 14, 2000. P&G purchased a portion of the facility for redevelopment and prepared a Baseline Environmental Assessment dated January 11, 2002 for disclosure to the MDEQ. Subsequently, P&G worked with the MDEQ to prepare an Interim Response Designed to Meet Criteria (IRDC), to allow for a portion of the eligible property to be used for residential purposes. The IRDC plan, dated October 17, 2003, was approved by MDEQ on December 15, 2003. The eligible property had concentrations of benzo(a)pyrene, lead, dibenz(a,h)anthracene and arsenic in excess of residential direct contact cleanup criteria. Therefore, the eligible property is considered a “facility” pursuant to Part 201 and is therefore an eligible property pursuant to Act 381 of 1996, as amended. Eligible Activities, Financing, Cost of Plan (Sec. 13(1) (a),(b),(c),(d),(g)) Eligible activities included for reimbursement consist of demolition, lead and asbestos abatement, site preparation and infrastructure improvements (see chart below). Eligible Activities Demolition $ 5,650,000 Lead and Asbestos Abatement $ 2,000,000 Site Preparation $ 60,000 Infrastructure Improvements - Private $ 75,000 - Public (City Street) $ 240,000 Sub-total $ 8,025,000 Contingency (15%) $ 1,203,750 Brownfield Plan/Work Plan Preparation and Development $ 30,000 Total Eligible Activities to be paid for under this Plan $ 9,258,750 5 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project The eligible activities described above will occur on the Property and are further described as follows: 1. Demolition: Demolition will include significant selective interior and exterior demolition of roofing, flooring, windows, removal of walls, site demolition of existing improvements, etc. Demolition is necessary in order to prepare the project for the proposed improvements. 2. Lead and Asbestos Abatement: Due to the age of the building, it is expected that lead and asbestos will be encountered during the demolition process. Therefore, a survey will be conducted to determine the extent and scope of the abatement and materials will be removed and properly disposed of by a licensed contractor. 3. Site Preparation: Site Preparation on the Property will include mass grading of the existing site on Division. 4. Infrastructure Improvements: Infrastructure Improvements will include utility upgrades to the existing storm sewers, water service, sanitary sewer, streets, sidewalks, curbs and gutters, landscaping and mill and repaving of Western Ave from Franklin to Shoreline Drive (approximately 1,000’). 5. Brownfield/Work Plan Preparation and Development: Costs incurred to prepare and develop this brownfield plan and a work plan, as required per Act 381 of 1996, as amended. An estimate of the captured taxable value and tax increment revenues, which includes the impact on the taxing jurisdictions, is attached as Attachment U-3. The cost to conduct the Project eligible activities included in this Plan will be initially provided by P&G Holdings NY, LLC and they will seek reimbursement for eligible activities through tax increment financing from local and state taxes. The Downtown Development Authority Tax Increment Financing Plan is expected to support a pass- through of its capture to allow the Brownfield Authority to capture 100% of the projected increment from the Project. It is intended that the Authority will capture 100% of the captured taxable value from the Property to reimburse the developer for eligible activities incurred for the Project. No advances via bond or notes will be made from the City for this Plan. Effective Date of Inclusion in Brownfield Plan The P&G Holdings NY, LLC Redevelopment Project was added to this Plan on _______. 14555733-4 6 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project ATTACHMENT U-1 SITE MAP P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT 7 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project ATTACHMENT U-2 PROPOSED SITE PLAN P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT 8 9/9/2016 City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project ATTACHMENT U-3 TAX INCREMENT FINANCING TABLE P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT 9 9/9/2016 2:12 PM9/9/2016 920 Washington Redevelopment Project TIF Schedule (1) Real Property Improvements NEZ Period for Residential OPRA Period for Commercial 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Base Residential TV (2016) $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 Base Commercial TV (2016) $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 (2) Residential TV after Improvement $184,915 $184,915 $2,765,467 $2,793,121 $2,821,053 $2,849,263 $2,877,756 $2,906,533 $2,935,599 $2,964,955 $2,994,604 $3,024,550 $3,054,796 $3,085,344 Commercial TV after Improvement(2) $797,863 $797,863 $4,056,443 $4,097,007 $4,137,977 $4,179,357 $4,221,151 $4,263,362 $4,305,996 $4,349,056 $4,392,546 $4,436,472 $4,480,837 $4,525,645 Total Captured Residential Taxable $0 $0 $2,580,551 $2,608,206 $2,636,137 $2,664,348 $2,692,840 $2,721,618 $2,750,683 $2,780,039 $2,809,689 $2,839,635 $2,869,880 $2,900,428 Total Captured Commercial Taxable $0 $0 $3,258,580 $3,299,145 $3,340,115 $3,381,494 $3,423,288 $3,465,500 $3,508,133 $3,551,193 $3,594,684 $3,638,609 $3,682,974 $3,727,782 Millages(3) City Operating 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 County Operating 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 City Sanitation 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 County Museum 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 County Veterans 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 County Qual Life 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 Central Dispatch 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 Comm College 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 MAISD 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 Hackley Library 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 State Education Tax (SET) 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 School Operating 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 TOTAL CAPTURED MILLAGE 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 Yearly Captured Tax City Operating $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $37,602 County Operating $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $21,242 City Sanitation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $11,183 County Museum $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,201 County Veterans $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $280 County Qual Life $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $895 Central Dispatch $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,118 Comm College $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,215 MAISD $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $17,737 Hackley Library $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,947 State Education Tax (SET) $0 $0 $9,776 $9,897 $10,020 $10,144 $10,270 $20,793 $21,049 $21,307 $21,568 $21,832 $22,098 $22,367 School Operating $0 $0 $29,327 $29,692 $30,061 $30,433 $30,810 $62,379 $63,146 $63,921 $64,704 $65,495 $66,294 $67,100 Local Captured Taxes $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $108,420 State Captured Taxes $0 $0 $39,103 $39,590 $40,081 $40,578 $41,079 $83,172 $84,195 $85,229 $86,272 $87,327 $88,391 $89,467 Total Yearly Captured Taxes $0 $0 $39,103 $39,590 $40,081 $40,578 $41,079 $83,172 $84,195 $85,229 $86,272 $87,327 $88,391 $197,887 Cumulative Captured Taxes $0 $0 $39,103 $78,693 $118,774 $159,352 $200,431 $283,603 $367,799 $453,027 $539,300 $626,626 $715,018 $912,904 State Brownfield Fund Capture (3 mill) $0 $0 ($9,776) ($9,897) ($10,020) ($10,144) ($10,270) ($10,396) ($10,524) ($10,654) ($10,784) ($10,916) ($11,049) ($11,183) Revolving Fund Capture $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Eligible Activities $9,258,750 $9,258,750 $9,258,750 $9,229,423 $9,199,730 $9,169,669 $9,139,236 $9,108,426 $9,035,651 $8,961,980 $8,887,405 $8,811,917 $8,735,506 $8,658,163 State Tax Reimbursement $0 $0 $29,327 $29,692 $30,061 $30,433 $30,810 $72,775 $73,671 $74,575 $75,488 $76,411 $77,342 $78,283 Local Tax Reimbursement $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $108,420 Unreimbursed Eligible Activities $9,258,750 $9,258,750 $9,229,423 $9,199,730 $9,169,669 $9,139,236 $9,108,426 $9,035,651 $8,961,980 $8,887,405 $8,811,917 $8,735,506 $8,658,163 $8,471,460 Total Project Reimbursement $0 $0 $29,327 $59,020 $89,081 $119,514 $150,324 $223,099 $296,770 $371,345 $446,833 $523,244 $600,587 $787,290 (1) Land increment will be captured but TIF projections only show Improvements capture due to NEZ and OPRA abatements and for ease of reference. (2) Assumes taxable value increases based on proposed build out, plus 1% annual increases for inflation thereafter Local Millage Ratio 52.3% $3,944,314 Local Reimbursement (3) Assumes Millage Rates remain constant State Millage Ratio 47.7% $3,592,909 State Reimbursement $7,537,223 Total Eligible Activities 2:12 PM9/9/2016 920 Washington Redevelopment Project TIF Schedule Real Property Improvements (1) 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 Base Residential TV (2016) $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 $184,915 Base Commercial TV (2016) $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 $797,863 (2) Residential TV after Improvement $3,116,197 $3,147,359 $3,178,833 $3,210,621 $3,242,727 $3,275,154 $3,307,906 $3,340,985 $3,374,395 $3,408,139 $3,442,220 $3,476,642 $3,511,409 $3,546,523 $3,581,988 Commercial TV after Improvement(2) $4,570,901 $4,616,610 $4,662,777 $4,709,404 $4,756,498 $4,804,063 $4,852,104 $4,900,625 $4,949,631 $4,999,128 $5,049,119 $5,099,610 $5,150,606 $5,202,112 $5,254,133 Total Captured Residential Taxable $2,931,282 $2,962,444 $2,993,917 $3,025,706 $3,057,812 $3,090,239 $3,122,991 $3,156,070 $3,189,480 $3,223,224 $3,257,305 $3,291,727 $3,326,494 $3,361,608 $3,397,073 Total Captured Commercial Taxable $3,773,039 $3,818,748 $3,864,914 $3,911,542 $3,958,636 $4,006,201 $4,054,241 $4,102,762 $4,151,769 $4,201,265 $4,251,256 $4,301,747 $4,352,743 $4,404,249 $4,456,271 Millages(3) City Operating 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 10.0869 County Operating 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 5.6984 City Sanitation 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 County Museum 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 0.3221 County Veterans 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 0.0752 County Qual Life 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 0.2400 Central Dispatch 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 0.3000 Comm College 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 2.2037 MAISD 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 4.7580 Hackley Library 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 2.4000 State Education Tax (SET) 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 6.0000 School Operating 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 18.0000 TOTAL CAPTURED MILLAGE 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 53.0843 Yearly Captured Tax City Operating $56,538 $60,931 $65,409 $69,975 $70,774 $71,581 $72,396 $73,219 $74,050 $74,890 $75,738 $76,595 $77,460 $78,333 $79,216 County Operating $31,940 $34,422 $36,952 $39,531 $39,983 $40,438 $40,899 $41,364 $41,833 $42,308 $42,787 $43,271 $43,759 $44,253 $44,751 City Sanitation $20,113 $20,344 $20,576 $20,812 $21,049 $21,289 $21,532 $21,776 $22,024 $22,273 $22,526 $22,780 $23,038 $23,298 $23,560 County Museum $2,159 $2,184 $2,209 $2,234 $2,260 $2,286 $2,312 $2,338 $2,365 $2,391 $2,419 $2,446 $2,473 $2,501 $2,530 County Veterans $504 $510 $516 $522 $528 $534 $540 $546 $552 $558 $565 $571 $577 $584 $591 County Qual Life $1,609 $1,627 $1,646 $1,665 $1,684 $1,703 $1,723 $1,742 $1,762 $1,782 $1,802 $1,822 $1,843 $1,864 $1,885 Central Dispatch $2,011 $2,034 $2,058 $2,081 $2,105 $2,129 $2,153 $2,178 $2,202 $2,227 $2,253 $2,278 $2,304 $2,330 $2,356 Comm College $14,774 $14,944 $15,115 $15,288 $15,462 $15,638 $15,816 $15,996 $16,178 $16,361 $16,547 $16,734 $16,923 $17,114 $17,306 MAISD $31,899 $32,265 $32,634 $33,007 $33,384 $33,765 $34,149 $34,538 $34,930 $35,326 $35,726 $36,130 $36,538 $36,950 $37,366 Hackley Library $16,090 $16,275 $16,461 $16,649 $16,839 $17,031 $17,225 $17,421 $17,619 $17,819 $18,021 $18,224 $18,430 $18,638 $18,848 State Education Tax (SET) $40,226 $40,687 $41,153 $41,623 $42,099 $42,579 $43,063 $43,553 $44,047 $44,547 $45,051 $45,561 $46,075 $46,595 $47,120 School Operating $120,678 $122,061 $123,459 $124,870 $126,296 $127,736 $129,190 $130,659 $132,142 $133,641 $135,154 $136,683 $138,226 $139,785 $141,360 Local Captured Taxes $177,639 $185,535 $193,577 $201,765 $204,068 $206,395 $208,745 $211,118 $213,515 $215,936 $218,381 $220,851 $223,345 $225,865 $228,409 State Captured Taxes $160,904 $162,749 $164,612 $166,494 $168,395 $170,315 $172,254 $174,212 $176,190 $178,188 $180,205 $182,243 $184,302 $186,381 $188,480 Total Yearly Captured Taxes $338,542 $348,284 $358,189 $368,259 $372,463 $376,710 $380,998 $385,330 $389,705 $394,124 $398,587 $403,094 $407,647 $412,245 $416,889 Cumulative Captured Taxes $1,251,447 $1,599,731 $1,957,920 $2,326,179 $2,698,642 $3,075,351 $3,456,350 $3,841,680 $4,231,385 $4,625,508 $5,024,095 $5,427,189 $5,834,836 $6,247,081 $6,663,971 State Brownfield Fund Capture (3 mill) ($20,113) ($20,344) ($20,576) ($20,812) ($21,049) ($21,289) ($21,532) ($21,776) ($22,024) ($22,273) ($22,526) ($22,780) ($23,038) $0 $0 Revolving Fund Capture $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Eligible Activities $8,471,460 $8,153,031 $7,825,090 $7,487,478 $7,140,031 $6,788,617 $6,433,197 $6,073,730 $5,710,176 $5,342,495 $4,970,645 $4,594,584 $4,214,270 $3,829,661 $3,417,416 State Tax Reimbursement $140,791 $142,405 $144,035 $145,682 $147,345 $149,025 $150,722 $152,435 $154,166 $155,914 $157,680 $159,463 $161,264 $186,381 $188,480 Local Tax Reimbursement $177,639 $185,535 $193,577 $201,765 $204,068 $206,395 $208,745 $211,118 $213,515 $215,936 $218,381 $220,851 $223,345 $225,865 $228,409 Unreimbursed Eligible Activities $8,153,031 $7,825,090 $7,487,478 $7,140,031 $6,788,617 $6,433,197 $6,073,730 $5,710,176 $5,342,495 $4,970,645 $4,594,584 $4,214,270 $3,829,661 $3,417,416 $3,000,526 Total Project Reimbursement $1,105,719 $1,433,660 $1,771,272 $2,118,719 $2,470,133 $2,825,553 $3,185,020 $3,548,574 $3,916,255 $4,288,105 $4,664,166 $5,044,480 $5,429,089 $5,841,334 $6,258,224 (1) Land increment will be captured but TIF projections only show Improvements capture due to NEZ and OPRA abatements and for ease of reference. (2) Assumes taxable value increases based on proposed build out, plus 1% annual increases for inflation thereafter (3) Assumes Millage Rates remain constant 2:12 PM9/9/2016 920 Washington Redevelopment Project TIF Schedule Real Property Improvements (1) 2045 2046 2047 Base Residential TV (2016) $184,915 $184,915 $184,915 Base Commercial TV (2016) $797,863 $797,863 $797,863 (2) Residential TV after Improvement $3,617,808 $3,653,986 $3,690,526 Commercial TV after Improvement(2) $5,306,675 $5,359,741 $5,413,339 Total Captured Residential Taxable $3,432,893 $3,469,071 $3,505,611 Total Captured Commercial Taxable $4,508,812 $4,561,879 $4,615,476 Millages(3) City Operating 10.0869 10.0869 10.0869 County Operating 5.6984 5.6984 5.6984 City Sanitation 3.0000 3.0000 3.0000 County Museum 0.3221 0.3221 0.3221 County Veterans 0.0752 0.0752 0.0752 County Qual Life 0.2400 0.2400 0.2400 Central Dispatch 0.3000 0.3000 0.3000 Comm College 2.2037 2.2037 2.2037 MAISD 4.7580 4.7580 4.7580 Hackley Library 2.4000 2.4000 2.4000 State Education Tax (SET) 6.0000 6.0000 6.0000 School Operating 18.0000 18.0000 18.0000 TOTAL CAPTURED MILLAGE 53.0843 53.0843 53.0843 Yearly Captured Tax City Operating $80,107 $81,007 $81,917 County Operating $45,255 $45,764 $46,277 City Sanitation $23,825 $24,093 $24,363 County Museum $2,558 $2,587 $2,616 County Veterans $597 $604 $611 County Qual Life $1,906 $1,927 $1,949 Central Dispatch $2,383 $2,409 $2,436 Comm College $17,501 $17,698 $17,896 MAISD $37,787 $38,211 $38,640 Hackley Library $19,060 $19,274 $19,491 State Education Tax (SET) $47,650 $48,186 $48,727 School Operating $142,951 $144,557 $146,180 Local Captured Taxes $230,979 $233,575 $236,196 State Captured Taxes $190,601 $192,743 $194,906 Total Yearly Captured Taxes $421,580 $426,317 $431,102 Cumulative Captured Taxes $7,085,551 $7,511,868 $7,942,970 Totals State Brownfield Fund Capture (3 mill) $0 $0 $0 $405,747 Revolving Fund Capture $0 $0 $0 $0 Eligible Activities $3,000,526 $2,578,947 $2,152,629 State Tax Reimbursement $190,601 $192,743 $194,906 $3,592,909 State Local Tax Reimbursement $230,979 $233,575 $236,196 $3,944,314 Local Unreimbursed Eligible Activities $2,578,947 $2,152,629 $1,721,527 $7,537,223 Total Project Reimbursement $6,679,803 $7,106,121 $7,537,223 $7,537,223 Total Reimbursement (1) Land increment will be captured but TIF projections only show Improvements capture due to NEZ and OPRA abatements and for ease of reference. (2) Assumes taxable value increases based on proposed build out, plus 1% annual increases for inflation thereafter (3) Assumes Millage Rates remain constant City of Muskegon Brownfield Plan Amendment P&G Holdings NY, LLC Redevelopment Project ATTACHMENT U-4 FACILITY CONFIRMATION P&G HOLDINGS NY, LLC REDEVELOPMENT PROJECT 10 9/9/2016 Commission Meeting Date: January 10, 2017 Date: January 5, 2017 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Amendment to the Zoning Ordinance – Waterfront Industrial Planned Unit Development (WI-PUD) SUMMARY OF REQUEST: Staff-initiated request to amend the Waterfront Industrial Planned Unit Development (WI-PUD) District to modify the preamble, uses permitted (Section 1504), prohibited uses (Section 1505), and review standards (Section 1506). FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the zoning ordinance amendment. COMMITTEE RECOMMENDATION: The Planning Commission unanimously recommended approval of the ordinance amendment, with one member absent. Staff Report (EXCERPT) CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING Hearing, Case 2016-19: Staff-initiated request to amend the Waterfront Industrial Planned Unit Development (WI-PUD) District to modify the preamble, uses permitted (Section 1504), prohibited uses (Section 1505), and review standards (Section 1506). BACKGROUND 1. In this district, all new projects are required to go through the Planned Unit Development process. 2. Staff is recommending some modifications to the district in order to best utilize some of the property on the east end of Muskegon Lake. 3. In the preamble, a statement was added to reiterate that every project in these districts should have a key principal use defined to ensure that the property is utilized to its fullest potential. 4. Under Section 1504 – Principal Uses - Staff recommends moving number 1,3 and 6 to Accessory Uses. This will emphasize that these properties must have a major commercial operation as a principal use and are not solely utilized for minimally staffed operations. 5. Also under Section 1504- Principal Uses - Staff recommends removing number 5. The elimination of aggregate storage would eliminate blight on the waterfront. Also, aggregate storage does not produce many jobs and contributes to blight and water pollution. This use would be moved to prohibited uses. 6. Also under Section 1504- Principal Uses- Staff recommends adding “with proper screening” to number 11. The new language would read “Commercial engine and hull repair with property screening.” This will help reiterate that anything that could contribute to blight should be screened whenever practical. 7. Under Section 1506: Review Standards – Staff recommends eliminating number 10 and 11. These relate to aggregate storage, which would no longer be allowed. NEW LANGUAGE Deletions are crossed out and additions are in bold. Numbers will be reordered accordingly: WI-PUD Waterfront Industrial Planned Unit Development WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS [amended 10/12] PREAMBLE The Waterfront Industrial PUD district is established primarily for water-dependent, commercial shipping of bulk, general cargo, or container goods by freighter, bulk carrier, tanker, tug barge, or other similar commercial vessels. The WI-PUD District is intended to promote the consolidation of commercial port activities at the eastern terminus of Muskegon Lake because of its proximity to the interstate, established industrial uses, and isolation from residential zones. The intent is to localize this district to promote symbiotic relationships among industrial port activities and to discourage the expansion of such activities elsewhere along Muskegon Lake frontage. It is further the intent of this district to require planned unit developments for all projects to ensure a mix of port uses that enhances the industrial economic base of the city. The planned unit development tool shall be applied to promote flexibility in development and to enhance functional relationships among uses in the district. All projects in these districts should have a key principal use defined to ensure that the property is utilized to its fullest potential. The general categories of uses permitted in the WI-PUD district are associated with standard industrial classifications, major group industry 44, "Water Transportation" as found in the 1987 Standard Industrial Classification Manual prepared by the Executive Office of the President, Office of Management and Budget. SECTION 1504: USES PERMITTED The following uses, and their accessory buildings and accessory uses, shall be permitted as planned unit developments. Planned unit developments shall be reviewed and approved by the Planning Commission and City Commission subject to the conditions outlined below. PRINCIPAL USES: 1. Water transportation of freight 2. Railroad and auto passenger ferries. 3. Marine cargo handing; loading, unloading and stevedore facilities. 4. Marine terminal uses including ancillary inter-modal transportation operations. 5. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk materials shipped by commercial watercraft vessels and or barges. 6. Grain elevators. 7. Bulk and warehouse storage of goods shipped by commercial maritime vessels. 8. Towing and tugboat services for commercial freight water vessels. 9. Barge fleeting, mooring and servicing. 10. Lighterage. 11. Commercial engine and hull repair, with appropriate screening. 12. Marine dock, breakwater, harbor construction and repair contracting. 13. Marine dredging contractors. 14. Palletizing, decanning, container stripping and packing operations associated with maritime shipping and transport. 15. Bulk liquid facilities of non-hazardous materials. 16. Material recovery facilities that are entirely contained in buildings. 17. Commercial fishing facilities. 18. Manufacturing that is dependent on port facilities. 19. Any other uses which meet the intent of this district as deemed by the Planning Commission and City Commission; except that in no case shall a prohibited use be permitted. ACCESSORY USES: 1. Docks, wharves, piers or transit sheds or related facilities used in connection with the transfer, handling, storage and transit and incidental processing of cargo from or to waterborne craft. 2. Truck or rail freight terminal supporting water freight transport. 3. Offices associated with port facilities and functions. 4. Parking decks. 5. Watchmen quarters employed on the premise. 6. Lift equipment to load and unload ships. 7. Weigh stations. 8. Lighthouse. 9. Fuel dock. 10. Seaplane base. 11. Water transportation of freight 12. Marine cargo handling; loading, unloading and stevedore facilities. SECTION 1505: PROHIBITED USES 1. Asphalt batching. 2. Cement processing. 3. Storage of petroleum products stored in excess of 1,000 gallons. 4. Hazardous material or hazardous chemical storage or transport. 5. Ship cleaning. 6. Salvage yards, ship scrapping, dismantling and wrecking operations not wholly contained in buildings. 7. Livestock holding. 8. Marine Salvage. 9. Open storage of fertilizers, agricultural lime and other chemicals. 10. Billboards. 11. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk materials shipped by commercial watercraft vessels and or barges. SECTION 1506: REVIEW STANDARDS The Planning Commission shall approve, deny or modify preliminary planned unit development plans, based upon the site plan review and landscaping standards of this ordinance and the following standards below. Likewise, the City Commission shall approve, deny, or modify final planned unit development plans (after review and recommendation by the Planning Commission) based upon the following standards: 1. The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience of any combination thereof, on present and potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation systems, surrounding properties, or the environment. 2. The uses proposed should be consistent with the land use plans adopted by the City. 3. The amount of open space provided is compatible with and meets the requirements of this ordinance, which the Planning Commission or City Commission may modify, even though such modifications do not conform to that required in other sections of this ordinance. 4. The amount of off-street parking areas is adequate, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. 5. The amount of landscaping and buffering areas provided are compatible with and meet the requirements of this ordinance, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. 6. The design provides for the protection or enhancement of significant natural, historical, or architectural features within the proposed development area. 7. The uses proposed will result in safe, convenient, uncongested and well defined vehicular and pedestrian circulation systems. 8. The land uses presented shall provide a mix of uses to perpetuate an economically viable, mixed use port. 9. The project shall demonstrate adequate support services for all activities. 10. Stockpiles of salt and agricultural lime must be covered or sufficiently isolated from the surface water to prevent leaching. 11. Aggregate, salt, lime, or soil stockpiling areas shall not occupy more than 30% of the site or district. 12. Truck freight terminals shall not occupy more than 30% of the site area or district. Trucks shall be stored a minimum of two hundred (200) feet from the ordinary high water mark. CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO._____ An ordinance to amend the Waterfront Industrial Planned Unit Development District section of the zoning ordinance to modify the preamble, uses permitted (Section 1504), prohibited uses (Section 1505), and review standards (Section 1506). THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: NEW LANGUAGE NEW LANGUAGE Deletions are crossed out and additions are in bold. Numbers will be reordered accordingly: WI-PUD Waterfront Industrial Planned Unit Development WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS [amended 10/12] PREAMBLE The Waterfront Industrial PUD district is established primarily for water-dependent, commercial shipping of bulk, general cargo, or container goods by freighter, bulk carrier, tanker, tug barge, or other similar commercial vessels. The WI-PUD District is intended to promote the consolidation of commercial port activities at the eastern terminus of Muskegon Lake because of its proximity to the interstate, established industrial uses, and isolation from residential zones. The intent is to localize this district to promote symbiotic relationships among industrial port activities and to discourage the expansion of such activities elsewhere along Muskegon Lake frontage. It is further the intent of this district to require planned unit developments for all projects to ensure a mix of port uses that enhances the industrial economic base of the city. The planned unit development tool shall be applied to promote flexibility in development and to enhance functional relationships among uses in the district. All projects in these districts should have a key principal use defined to ensure that the property is utilized to its fullest potential. The general categories of uses permitted in the WI-PUD district are associated with standard industrial classifications, major group industry 44, "Water Transportation" as found in the 1987 Standard Industrial Classification Manual prepared by the Executive Office of the President, Office of Management and Budget. SECTION 1504: USES PERMITTED The following uses, and their accessory buildings and accessory uses, shall be permitted as planned unit developments. Planned unit developments shall be reviewed and approved by the Planning Commission and City Commission subject to the conditions outlined below. PRINCIPAL USES: 1. Water transportation of freight 2. Railroad and auto passenger ferries. 3. Marine cargo handing; loading, unloading and stevedore facilities. 4. Marine terminal uses including ancillary inter-modal transportation operations. 5. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk materials shipped by commercial watercraft vessels and or barges. 6. Grain elevators. 7. Bulk and warehouse storage of goods shipped by commercial maritime vessels. 8. Towing and tugboat services for commercial freight water vessels. 9. Barge fleeting, mooring and servicing. 10. Lighterage. 11. Commercial engine and hull repair, with appropriate screening. 12. Marine dock, breakwater, harbor construction and repair contracting. 13. Marine dredging contractors. 14. Palletizing, decanning, container stripping and packing operations associated with maritime shipping and transport. 15. Bulk liquid facilities of non-hazardous materials. 16. Material recovery facilities that are entirely contained in buildings. 17. Commercial fishing facilities. 18. Manufacturing that is dependent on port facilities. 19. Any other uses which meet the intent of this district as deemed by the Planning Commission and City Commission; except that in no case shall a prohibited use be permitted. ACCESSORY USES: 1. Docks, wharves, piers or transit sheds or related facilities used in connection with the transfer, handling, storage and transit and incidental processing of cargo from or to waterborne craft. 2. Truck or rail freight terminal supporting water freight transport. 3. Offices associated with port facilities and functions. 4. Parking decks. 5. Watchmen quarters employed on the premise. 6. Lift equipment to load and unload ships. 7. Weigh stations. 8. Lighthouse. 9. Fuel dock. 10. Seaplane base. 11. Water transportation of freight 12. Marine cargo handling; loading, unloading and stevedore facilities. SECTION 1505: PROHIBITED USES 1. Asphalt batching. 2. Cement processing. 3. Storage of petroleum products stored in excess of 1,000 gallons. 4. Hazardous material or hazardous chemical storage or transport. 5. Ship cleaning. 6. Salvage yards, ship scrapping, dismantling and wrecking operations not wholly contained in buildings. 7. Livestock holding. 8. Marine Salvage. 9. Open storage of fertilizers, agricultural lime and other chemicals. 10. Billboards. 11. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk materials shipped by commercial watercraft vessels and or barges. SECTION 1506: REVIEW STANDARDS The Planning Commission shall approve, deny or modify preliminary planned unit development plans, based upon the site plan review and landscaping standards of this ordinance and the following standards below. Likewise, the City Commission shall approve, deny, or modify final planned unit development plans (after review and recommendation by the Planning Commission) based upon the following standards: 1. The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience of any combination thereof, on present and potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation systems, surrounding properties, or the environment. 2. The uses proposed should be consistent with the land use plans adopted by the City. 3. The amount of open space provided is compatible with and meets the requirements of this ordinance, which the Planning Commission or City Commission may modify, even though such modifications do not conform to that required in other sections of this ordinance. 4. The amount of off-street parking areas is adequate, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. 5. The amount of landscaping and buffering areas provided are compatible with and meet the requirements of this ordinance, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. 6. The design provides for the protection or enhancement of significant natural, historical, or architectural features within the proposed development area. 7. The uses proposed will result in safe, convenient, uncongested and well defined vehicular and pedestrian circulation systems. 8. The land uses presented shall provide a mix of uses to perpetuate an economically viable, mixed use port. 9. The project shall demonstrate adequate support services for all activities. 10. Stockpiles of salt and agricultural lime must be covered or sufficiently isolated from the surface water to prevent leaching. 11. Aggregate, salt, lime, or soil stockpiling areas shall not occupy more than 30% of the site or district. 12. Truck freight terminals shall not occupy more than 30% of the site area or district. Trucks shall be stored a minimum of two hundred (200) feet from the ordinary high water mark. This ordinance adopted: Ayes:______________________________________________________________ Nayes:_____________________________________________________________ Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: _________________________________ Ann Meisch, MMC, City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 10th day of January, 2017, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2017. __________________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on January 10, 2017, the City Commission of the City of Muskegon adopted an ordinance to amend the Waterfront Industrial Planned Unit Development District section of the Zoning Ordinance to modify the preamble, uses permitted (Section 1504), prohibited uses (Section 1505), and review standards (Section 1506). Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2017. CITY OF MUSKEGON By _________________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 13 WI-PUD Districts in the City of Muskegon
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