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CITY OF MUSKEGON
CITY COMMISSION MEETING
November 12, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
A. YEARS OF SERVICE AWARDS Employee Relations
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Fireworks Display for NYE Ball Drop City Clerk
C. Resolution for Charitable Gaming License - Kids Belong City Clerk
D. Request to amend the planned unit development (PUD) at Harbour
Towne to allow for the construction of 28 new condo units. SECOND
READING Planning
E. ATM for Muskegon Farmers Market City Clerk
☐ PUBLIC HEARINGS:
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. Amendment to Section 404 of the zoning ordinance to remove R-2 and
R-3 districts and to adjust the area and bulk requirements for R-1
districts. Planning
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B. Amendment to Section 400 of the zoning ordinance to allow duplexes,
triplexes, and accessory dwelling units as principal uses permitted in the
Single-Family Residential Districts. Planning
C. Amendment to Article II of the zoning ordinance to create a definition for
accessory dwelling unit. Planning
D. Amendment to Article IV of the zoning ordinance to remove R-2 and R-3
districts and rename the single-family residential district. Planning
E. Amendment to Section 2326 of the zoning ordinance to reduce the
minimum number of parking spaces for single-family and multi-family
dwelling units. Planning
F. Amendment to Article XX of the zoning ordinance to allow the
conversion of single-family houses into duplexes and triplexes. Planning
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
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clerk@shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: YEARS OF SERVICE AWARDS
Submitted by: Dwana Thompson, Employee Department: Employee Relations
Relations Director
Brief Summary:
Years of Service Awards for staff achievements in 5 year increments from 5years to 25years of service.
Certificate will be given by the Mayor
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No X N/A
Recommended Motion:
N/A
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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2024
SERVICE AWARD RECIPIENTS
25 Years Edward Peabody (FIL) 5 Years Jordan Grabinski (FIR)
Charles Tazelaar (PKS) Jennie Griswold (Inc Tx)
Michael Vandermolen (IT) Jason Hruskach (FIR)
Terees Williams (PSB)
Jeffery Klochack (HWY)
15 Years Phillip Dill (POL)
Todd Laisure (PKS)
Scott Liskey (POL)
Ambur Lenartowicz (FIN)
10 Years Logan Anderson (POL)
Joseph Buthker (DPW) Cory McCleary (WSM)
Troy Edmondson (FIR) Hayden Nickell (FIN)
James Farrar (WSM) Donald Nunez (HWY)
Austin Stordahl (POL)
Samantha Pastoor (FIR)
Peggy Straley (Inc Tx)
James Petrie (FIL)
5 Years Mason Adkins (POL)
Justin Prowant (PKS)
Steven Chartier (FIR)
Teairra Clark (PKS) Samuel Schmitt (FIR)
Devon DeVries (FIR) Adam Tiefenbach (FIR)
Jason Dionne (FIR) Alex Vanderwall (POL)
Daniel Duffy (FIR) Ryan VanNett (PKS)
Jacob Dyer (FIR) Kyle Visser (FIR)
Joshua Eaton (POL)
Peter Wills (MGR)
Jacob Eckholm (PLN)
Congratulations and
Thank You!
We congratulate, and thank each of you with
deepest gratitude for your distinguished service,
loyalty, and dedication to the Citizens and
Staff of the City of Muskegon
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the October 22, 2024, City Commission Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION MEETING
October 22, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, October 22,
2024. Pastor Mackenzie Jager, from First Presbyterian Church, opened the
meeting with prayer, after which the Commission and public recited the
Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St.Clair, Commissioners
Jay Kilgo, Willie German, Jr., Rachel Gorman, Katrina Kochin, and Destinee
Keener (arrived at 5:55 p.m.), City Manager Jonathan Seyferth, City Attorney
John Schrier, and City Clerk Ann Marie Meisch
2024-87 HONORS, AWARDS, AND PRESENTATIONS
A. Introduction of New Staff to Community and Neighborhood Services-
Lakshmee Persaud Community & Neighborhood Services
Welcoming Lakshmee Persaud to the City of Muskegon as our New Community
Development Specialist for the Community and Neighborhood Services
Department.
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-88 CONSENT AGENDA
B. Land Bank - Trade Parcels Planning
The Muskegon County Land Bank sold 1694 Pine to the City in error. They would
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like to trade that property for 1221 Sanford.
1694 Pine was purchased by Development Services from the Muskegon County
Land Bank for $3,500. We were then notified that this address was already
pledged in a Purchase Agreement to Allen Edwin in their workforce rental
program. The Land Bank proposed a trade for 1221 Sanford. Development
Services is agreeable to that trade. 1221 Sanford is of similar size and condition.
The Land Bank will cover any costs associated with the transaction.
STAFF RECOMMENDATION: To authorize the Code Coordinator, Samantha Pulos,
to facilitate the trade of 1694 Pine and 1221 Sanford, with the Muskegon
County Land Bank.
E. Parks Restroom Improvements DPW- Parks
Staff is requesting authorization to contract with the low bidder, Muskegon
Quality Builders, in the amount of $38,525 for park restroom improvements for
McCrea, Beukema & Seyferth Park.
Through our parks master plan survey, we received feedback that our residents
desire improvements to some of our park restrooms. The most in need at this
time (and the parks with the highest amount of feedback for improvements)
are Seyferth, Beukema and McCrea. $100,000 was budgeted through the
adopted Parks Capital Improvement Plan for these improvements. Upgrades
include installing porcelain fixtures and removing stainless steel, masonry work
for ADA improvements and installing new partitions, to name a few. Our
department would like to select the lowest bidder, Muskegon Quality Builders,
at $38,525. The remainder of the budgeted funds will be redirected to new
and other capital improvement projects as needed.
Bid Tab
Muskegon Quality Builders: $38,525
Bultsma Construction Co.: $69,731
STAFF RECOMMENDATION: Authorize staff to contract with Muskegon Quality
Builders in the amount of $38,525 for park restroom improvements for McCrea,
Beukema & Seyferth Park.
F. Reese Pavilion Construction DPW- Parks
Staff seeks authorization to enter into a contract with Patron Construction in the
amount of $51,010 for construction of a pavilion at Reese Park.
The Parks department recently applied for and received a CDBG grant from
the Economic Development division for $20,000 for a pavilion at Reese Park. The
demand for this project was first raised by the Boys & Girls Clubs of Muskegon
Lakeshore. Our local BGC holds a summer camp at this location and a shaded
outdoor area would greatly improve the quality of their program as we do not
have usable space at the park that is out of the elements. The pavilion will also
be an affordable rental option for our residents (between $30 to $60), as this
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park has great amenities for birthday parties or family gatherings. This project is
included in the adopted Parks Capital Improvement Plan and the cost above
the CDBG grant will some from funds devoted to that effort. Staff recommends
the lowest bidder, Patron Construction, for $51,010.
Bid Tab
Patron Construction: $51,010
North Shore Property Solutions: $59,500
Muskegon Quality Builders: $74,851
Sinclair Recreation: $78,880
American Athletix: $108,137
Midwest Construction Group: $176,385
STAFF RECOMMENDATION: Authorize staff to enter into a contract with Patron
Construction in the amount of $51,010 for construction of a pavilion at Reese
Park.
G. Resolution to Urge the United States Department of the Interior to
Approve the Petition of the Grand River Bands of Ottawa Indians for
Federal Acknowledgment. Manager's Office
Seeking commission approval of a resolution to urge the United States
Department of the Interior to approve the petition of the Grand River Bands of
Ottawa Indians for Federal Acknowledgment.
STAFF RECOMMENDATION: Adopt the Resolution to urge the United States
Department of the Interior to approve the petition of the Grand River Bands of
Ottawa Indians for Federal Acknowledgment.
H. Vacation of the Remaining Portion of the Alley Between 2nd St and 3rd
St, South of Webster Ave and North of Muskegon Ave. Planning
The applicant owns the former “Corner” building at the corner of
Muskegon/3rd. They have requested to vacate the remaining portion of the
alley that dead ends at the eastern edge of their property. The applicant does
not intend on building over the alley. However, they would like to limit car
access through the area with landscaping planters and/or art pieces. They are
also considering a decorative walkway that would lead pedestrians towards
the Muskegon Museum of Art.
Vacating an alley relinquishes the City’s interest in the alley. However, a utility
easement would still remain in effect. After vacating the alley, the land would
be owned by everyone in the block. No permanent structures would be
allowed over the former alley until it has been replatted. There are sanitary
and storm sewers located in the alley. The City must maintain an easement to
this infrastructure once the alley is vacated. Any approval of the vacation
should be contingent upon the City retaining a utility easement.
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The Planning Commission unanimously (8-0, 1 member absent) recommended
in favor of vacating the alley with the condition that the City retains a utility
easement with the same boundaries as the alley being vacated.
STAFF RECOMMENDATION: I move that the request to vacate the remaining
portion of the alley between 2nd St and 3rd St, south of Webster Ave and north
of Muskegon Ave, be approved with the condition that the City retains a utility
easement with the same boundaries as the alley being vacated.
I. Equipment Replacement - Plow Trucks Public Works
Staff is requesting approval to purchase two replacement plow trucks.
Two replacement plow trucks will be purchased for the City’s equipment fleet.
The cab and chassis for two trucks will be purchased from West Michigan
International for $108,928.78 each. The build of the boxes and underbody
scraper blades will be done by Truck and Trailer Specialties for a price of
$99,882.00 each. One of the truck builds will include a new V-Box salt spreader
for $34,945.00 to replace an older existing unit that is becoming difficult to
repair. The cab and chassis for this truck will be purchased through the
Sourcewell contract; the build of the box and underbody scraper blade will be
purchased under the MiDEAL contract. Sourcewell and MiDEAL are purchasing
collectives that publicly bid items to offer the best value to member
organizations.
Quantity Unit Price Total
Cab & 2 $108,928.78 $217,857.56
Chassis
Box & 2 $99,882.00 $199,764.00
Underbody
V-Box Salt 1 $34,945.00 $34,945.00
Spreader
Total $452,566.56
The total cost of $452,566.56 is a budgeted expense from the Equipment Fund
for this fiscal year (2024-2025).
STAFF RECOMMENDATION: I move to authorize staff to purchase two new plow
trucks through West Michigan International and Truck & Trailer Specialties for
$452,566.56.
K. Amendment to the Zoning Ordinance - Definition of Short-Term
Rental (SECOND READING) Planning
A definition for short-term rental in the zoning ordinance is necessary for the
creation of a short-term rental ordinance.
Proposed definition:
Short-Term Rental - A property in which a tenant is allowed to lease the
dwelling unit, without a host, for periods of less than 28 days but more than 24
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hours in return for remuneration. A rental in which the host resides on premises
shall not be considered a short-term rental, but shall still register with the City.
The Planning Commission unanimously (5-0, with 4 members absent) voted to
recommend approval of the definition of short-term rental.
STAFF RECOMMENDATION: I move to approve the request to amend Article II of
the zoning ordinance to create a definition for short term rental as proposed.
M. Climate Action Plan Contract Manager's Office
Staff is requesting authorization to enter into a contract with Fresh Coast
Climate Solutions to prepare a Government Operations Climate Action Plan for
our organization. The Plan will be used to manage Greenhouse Gas (GHG) risks
and help identify targeted reduction opportunities with the goal of eliminating
the organization’s GHG emissions by 2040.
In April 2023, the City Commission passed a resolution declaring the city’s
commitment to climate action initiatives and to combat the impact of climate
change on our community and planet. The city intends to reduce its
organizational GHG emissions through deliberative budget, policy, and
administrative actions.
In February 2024, a Government Operations Greenhouse Gas Inventory was
completed. Results of this Inventory are intended to inform the development of
a Climate Action Plan.
Staff received (6) proposals and are recommending the services of Fresh Coast
Climate Solutions based on qualifications of team, scope of work, priced
proposal, project management, and location of the firm. Fresh Coast Climate
Solutions has significant experience conducting these services across the state
(Sterling Heights, Ann Arbor, Dearborn, Flint, Grand Haven), ability to complete
the work plan on time, and offers a good value.
Bids received are as follows:
• $24,766.50 – GZA Geoenvironmental, Inc.
• $49,000 – Fresh Coast Climate Services
• $50,000 – Rafteslis
• $50,315 – EcoMotion
• $52,800 – Blue Strike
• $114,400 – Energy Sciences
The City has received approval of a $75,000 Community Energy Management
Program grant through EGLE. These funds will offset the cost of the contract. A
budget amendment will be required to account for both income from the grant
and an expense related to the contract.
STAFF RECOMMENDATION: I move to authorize staff to contract with Fresh
Coast Climate Solutions in the amount of $49,000 to prepare a Climate Action
Plan for our organization.
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O. Amendment to the Real Estate Purchase and Sale Agreement for 2675
Olthoff Drive Economic Development
2675 Olthoff, LLC (formerly Bluewater Industrial Development, LLC) is requesting
an amendment to the first real estate purchase and sale agreement approved
on May 14, 2024.
On May 14, 2024, the City Commission approved a sale of 12.87 acres at 2675
Olthoff Drive to Bluewater Industrial Development, LLC. This space will be used to
construct a 215,000 square foot facility for Forming Technologies. The
amendments to the original agreement include an extension of the due
diligence period as well removal of language pertaining to the construction of a
retention pond.
STAFF RECOMMENDATION: Motion to approve the Real Estate Purchase and Sale
Agreement amendment with 2675 Olthoff Dr., LLC and to authorize the mayor
and clerk to sign.
P. Second Amendment to Employment Agreement Manager's Office
In the summer of 2024, the City Manager received a review from the City
Commission. The Commission found that the manager exceeded expectations
on average with an overall score of 1.4 (with 1 being the best). The city's
commissioners, division, and department heads reviewed his performance.
Based on this review, the City Manager is requesting an update to his contract
regarding his base wage.
Earlier in 2024, the City Commission created a subcommittee to update the city
manager's review process. The updated review included two components: a
review completed by division and department heads whose results were
provided to the City Commission and a review completed by the City
Commission. The City Commission completed its annual review of the City
Manager in a closed session on June 25, 2024.
The review was completed on a three-point scale, with 1 exceeding
expectations, 2 meeting expectations, and 3 below expectations. The
manager's average score was 1.4.
Given the favorable review and the competitive nature of the City Manager
field, where average salaries for Michigan communities the size of Muskegon are
about $178,000 a year and where the average wage of Muskegon's peer
communities in West Michigan is $185,800, the city manager is requesting that his
base salary be adjusted to $185,000 effective July 1, 2024.
The manager's current base salary is $162,864.
STAFF RECOMMENDATION: I move to approve the Second Amendment to the
City Manager's Employment Agreement effective July 1, 2024.
Motion by Commissioner Keener, second by Commissioner German, to approve
the Consent Agenda minus items A, C, D, J, L and N.
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ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
2024-89 ITEMS REMOVED FROM THE CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the October 7, 2024, Commission Worksession Meeting
and the October 8, 2024, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to approve the
minutes with a correction to the October 8th minutes for the roll vote of item I,
Apple Avenue Resolution, showing Commissioner Kilgo voted no.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
C. General Fund Transfers for FY 2023-24 Finance
During the close out of fiscal year 2023-24 and based on the financial results for
the fiscal year ended June 30, 2024, we want to transfer $50,000 from the
General Fund to the Public Services Fund to prevent a negative unrestricted
balance. A negative unrestricted balance will require a deficit elimination plan
with the State of Michigan.
At the end of the 2023-24 fiscal year, the audit shows that unrestricted position is
negative. By transferring funds from the General Fund this issue will be resolved.
STAFF RECOMMENDATION: To approve the General Fund transfer of $50,000 to
the Public Services Fund in order to avoid filing a deficit elimination plan with the
State of Michigan.
Motion by Commissioner German, second by Commissioner Kilgo, to approve
the General Fund transfer of $50,000 to the Public Services Building Fund in order
to avoid filing a deficit elimination plan with the State of Michigan.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
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MOTION PASSES
D. GameTime Playground Grant - Smith-Ryerson Park DPW- Parks
Staff requests authorization to enter into a contract with Sinclair Recreation in
the amount of $178,000 for the purchase and installation of a new playground
at Smith-Ryerson Park.
Staff applied and was selected for a GameTime matching funds playground
grant. The grant provides 100% matching funds for equipment purchases
(essentially 50% off). The park being proposed for this grant is Smith-Ryerson Park.
The playground is beyond the recommended lifespan and a new playground
was budgeted through the commission approved capital improvement plan.
The feedback from the parks master plan survey supports this investment at
Smith-Ryerson Park as this is our largest park on the east side of town.
We developed this structure through feedback from the survey and
engagement from staff at the playground throughout the summer. The total
cost for the playground and installation is $178,000 which fits into the overall
budget for improvements at Smith-Ryerson park.
STAFF RECOMMENDATION: Authorize staff to enter into a contract with Sinclair
Recreation in the amount of $178,000 for the purchase and installation of a new
playground at Smith-Ryerson Park.
Motion by Commissioner German, second by Vice Mayor St.Clair, to authorize
staff to enter into a contract with Sinclair Recreation in the amount of $178,000
for the purchase and installation of a new playground at Smith-Ryerson Park.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
J. Creation of a Short-Term Rental Ordinance (SECOND READING) Planning
Staff-initiated request to amend Section 2314 of the zoning ordinance to create
a short-term rental ordinance.
The ordinance uses an overlay district approach, splitting the city up into 11
different zones. These zones match the City of Muskegon census tracts. Census
tract information was used to determine the number of housing units in each
zone. Each zone would be allowed up to 4% of the housing units as short-term
rentals. Areas within the Downtown Development Authority and Lakeside
Business Improvement District/Corridor Improvement Authority boundaries would
be exempt from the cap on the number of units. There would be no limit to the
amount of short-term rentals in these areas.
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The Short-Term Renal Chart depicts the number of units and short-term rentals in
each zone. At 4% of the units, Zone 1 would be over the limit by 39 short-term
rentals. No new short-term rentals would be allowed in Zone 1 until the number
of short-term rentals dropped below 34.
The Planning Commission held a public hearing on this request at a special
meeting on Thursday, September 26. The Planning Commission unanimously (5-0,
with 4 members absent) voted to recommend approval of the short-term rental
ordinance, with the following conditions:
1. Amend Section 1(c) - exemptions - to also include the Lakeside Corridor
Improvement Authority along with the Lakeside Business Improvement District.
Also, to clarify that these districts are exempt from the caps, but not from
registering as a short-term rental.
2. Remove Section 4 that would allow the transferring of licenses.
The City Commission voted on a revised version of the Planning Commission's
recommendation at the October 8 City Commission meeting. The ordinance, as
voted by the City Commission on October 8, is included in the packet.
STAFF RECOMMENDATION: I move to approve the request to amend Section
2314 of the zoning ordinance to create a short-term rental ordinance as
presented.
Motion by Commissioner Keener, second by Vice Mayor St.Clair, to approve the
request to amend Section 2314 of the zoning ordinance to create a short-term
rental ordinance as presented.
ROLL VOTE: Ayes: Kilgo, Keener, St.Clair, and Johnson
Nays: German, Gorman, and Kochin
MOTION PASSES
L. Additional Construction Engineering Services for Adelaide Pointe Public
Works
Staff is requesting authorization to approve Contract Amendment No. 1 in the
amount of $83,080 with Eng. Engineering & Surveying for additional construction
engineering services related to Adelaide Pointe.
Eng. Engineering & Surveying was hired by the City to provide construction
inspection services and collect as-constructed documentation on the city's
behalf for the infrastructure that is likely to become public such as watermain,
sanitary sewer and roadways, including a sanitary pump station.
Many aspects of this project have been somewhat fluid in nature with multiple
changes to the utility and roadway layout, modifications to the project
schedule, multiple underground contractors, numerous onsite meetings to
evaluate conditions, etc. Efforts were also needed to accommodate developer
requests to meet intermediate milestones for events, a restaurant opening,
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boating events, etc. All of these factors resulted in additional construction
engineering and administration costs. Eng. has requested this amendment to
cover the additional costs associated with their work. Staff recommends these
additional services be approved, and commends Eng. for their efforts as an
invaluable partner to the City in making sure the public's interests are
represented on site during this crucial project.
STAFF RECOMMENDATION: To authorize staff to approve Contract Amendment
No. 1 in the amount of $83,080 with Eng. Engineering & Surveying for additional
construction engineering services related to Adelaide Pointe.
Motion by Commissioner Kochin, second by Commissioner German, to
authorize staff to approve Contract Amendment No. 1 in the amount of $83,080
with Eng. Engineering & Surveying for additional construction engineering
services related to Adelaide Pointe.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, and
St.Clair
Nays: None
MOTION PASSES
N. Request to Amend the Planned Unit Development (PUD) at Harbour
Towne to Allow for the Construction of 28 New Condo Units. Planning
The proposed buildings include six fourplexes and two duplexes.
The original PUD for Harbour Towne called for up to 250 units, however, only 190
units were built. The time has lapsed to complete the additional units, so the PUD
must be amended. A discussion was had regarding the installation of sidewalks,
which was an original condition of approval. The PUD was amended in 2002 to
add three additional duplexes along Fulton St. That amendment noted that the
original agreement for sidewalks for the PUD is retained. During the July 11, 2002
Planning Commission meeting it was noted: “In previous amendments the issue
of pedestrian walkways has come up. The original PUD required that walkways
(sidewalks) be provided when the PUD became more fully developed. This issue
needs to be resolved. Cement sidewalks may not be practical in the
development. A boardwalk may be cost prohibitive. An option may be that a
pedestrian/bike lane be painted on the existing street demarking a pedestrian
area that will prompt motorists to be mindful of pedestrians and cyclists. The
existing swath of pavement is fairly wide and open, which can actually promote
speeding in the development.”
The Planning Commission voted in favor (5 to 3, 1 absent) of recommending
approval of the project with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
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3. A stormwater permit must be obtained from the Engineering Department
before construction commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within two
years from the commencement of construction.
STAFF RECOMMENDATION: I move that the request to amend the planned unit
development (PUD) at Harbour Towne to allow for the construction of 28 new
condo units be approved with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department
before construction commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within two
years from the commencement of construction.
Motion by Commissioner German, second by Commissioner Kilgo, to approve
the request to amend the planned unit development (PUD) at Harbour Towne to
allow for the construction of 28 new condo units be approved with the following
conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department
before construction commences.
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within two
years from the commencement of construction.
MOTION AMENDED:
Motion amended by Commissioner Kochin, second by Commissioner German
to remove condition #5 from the PUD.
Vote on Amendment:
ROLL VOTE: Ayes: Kochin and German
Nays: St.Clair, Johnson, Kilgo, Keener, and Gorman
AMENDED MOTION FAILS
Vote on Original Motion:
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, and Gorman
Nays: German and Kochin
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MOTION PASSES
(REQUIRES SECOND READING)
2024-90 PUBLIC HEARINGS
A. Expansion and Removal of Neighborhood Enterprise Zone Districts
Economic Development
Staff is proposing the expansion of the Neighborhood Enterprise Zone Districts in
core neighborhoods in the City. This expansion will allow developers and current
property owners to take advantage of this incentive where there are several
vacant properties. We are also proposing removal of sites where the zoning has
changed, or other incentives will make NEZ ineffective.
Pursuant to Public Act 147 of the Michigan Public Acts of 1992, staff has
requested the expansion and removal of certain Neighborhood Enterprise Zone
(NEZ) Districts. The City of Muskegon has utilized NEZs as a tool to encourage the
construction of new homes and the rehabilitation of existing ones. These zones
have played a crucial role in stabilizing and revitalizing neighborhoods, creating
more housing opportunities for moderate-income residents, and attracting
private developer investment. The incentive is designed to increase the housing
supply in core neighborhoods and stimulate additional investments by current
homeowners.
Prior to the proposed adjustments, some housing developments were unable to
benefit from this initiative due to the location of existing NEZ boundaries. The
removal of certain areas from the NEZ districts reflects changes in zoning,
excluding areas no longer designated for residential use, such as creeks and
schools, or areas benefiting from alternative incentives. This includes
neighborhoods with few or no vacant lots, or where no active NEZ districts
currently exist. Additionally, we plan to remove the NEZ designation in the Port
City Industrial Park. Originally, this NEZ was intended to take advantage of the
Michigan Economic Growth Authority (MEGA) program, which is no longer
offered. Although no record of a resolution approving a district in the Port City
Industrial Park can be found, we seek to comply with the Muskegon County
Assessor's office.
State law allows for up to 15% of the total acreage within the boundaries of a
local government unit to be designated as NEZs. Properties within the updated
NEZ districts will be eligible to apply for NEZ certificates, which reduce residential
property taxes on newly constructed or rehabilitated homes. Notice letters were
sent to the affected taxing jurisdictions on October 10, 2024, and a public
hearing was held on October 22, 2024. In accordance with state law, the
resolution must be adopted no sooner than 60 days after the notice letters were
sent.
STAFF RECOMMENDATION: I move to approve the amendment to the
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Neighborhood Enterprise Zone (NEZ) Districts, as requested. This includes the
expansion of Neighborhood Enterprise Zone Districts to encourage new and
rehabilitated housing, while removing areas no longer zoned for residential use.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Steve Benedict.
Motion by Commissioner Keener, second by Commissioner Kilgo, to close the
Public Hearing and approve the amendment to the Neighborhood Enterprise
Zone (NEZ) Districts, as requested. This includes the expansion of Neighborhood
Enterprise Zone Districts to encourage new and rehabilitated housing, while
removing areas no longer zoned for residential use.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
B. Public Hearing, Brownfield Plan Amendment- Muskegon Midtown Center
LLC, 1095 3rd St. Economic Development
Muskegon Midtown Center, LLC has submitted a Brownfield Plan Amendment
for the redevelopment of 1095 3rd Street. The project involves the rehabilitation
and expansion of a vacant and blighted office building into a mixed-use
commercial and residential facility. This redevelopment will bring the property
back onto the tax rolls, provide much-needed housing, create temporary and
long-term jobs, and contribute to the economic development of Muskegon.
The project site consists of two adjacent parcels, currently blighted and vacant,
located at 1095 3rd Street. Historically used for retail and office purposes, the
property was acquired by the developer in July 2024. The redevelopment
includes residential apartments, commercial spaces, and site improvements.
Construction began in Summer 2024, with completion anticipated by Winter
2025. The private investment is estimated at $11,181,000, with the creation of 30
full-time equivalent (FTE) jobs expected within two years of project completion.
Eligible activities for reimbursement through the Brownfield Plan include
environmental assessments, site demolition, preparation, architecture, and
engineering work. Specific activities are as follows:
• Phase I ESA/Baseline Environmental Assessment: $31,978
• Site Demolition: $250,000
• Site Preparation: $86,500
• Architecture and Engineering Fees: $245,000
• Brownfield Plan Development: $10,000
Administrative costs of the CMBRA, calculated as 10% of total eligible activities,
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are estimated at $62,547.80. Interest expenses at 5.00% are also eligible for
reimbursement. The capture period is set for 30 years plus an additional 5 years
for the brownfield redevelopment loan fund.
Total Potential Eligible Activity Costs: $688,025.80 (inclusive of contingencies,
financing costs, and administrative fees).
The Development and Reimbursement Agreement is included in this plan. The
following are the key highlights from the agreement:
Reimbursement Source:
The Developer and the City will be reimbursed for the costs of approved Eligible
Activities (such as demolition, site preparation, and infrastructure improvements)
through Brownfield Tax Increment Financing (TIF) Revenue. This revenue is
generated from increases in property taxes on the redeveloped property.
Reimbursement Process:
Both the Developer and the City must submit reimbursement requests to the
Authority, accompanied by the required documentation.
The Authority will review and either approve or dispute the reimbursement
request within 30 days. Payments will be made as tax revenues become
available.
If there is insufficient revenue to cover the full reimbursement in any period, the
remaining amount will be paid in subsequent periods as additional revenue
becomes available.
Term of Agreement:
The agreement will continue until the Developer and the City have been fully
reimbursed or until December 31, 2060, whichever occurs first. After this date,
any remaining captured tax revenue will be used to fund a Brownfield Revolving
Loan Program.
Legislative Authorization:
This agreement is governed by Act 381, and any changes in the law that affect
Brownfield TIF capture or eligible activities will adjust the agreement accordingly.
Assignment:
The rights and obligations under this agreement cannot be transferred without
the consent of the other parties, except that the Developer and the City may
assign their interests to affiliates for financing purposes.
Miscellaneous Provisions:
The agreement includes standard legal provisions regarding the handling of
notices, governing law (Michigan), and the execution of the agreement in
counterparts.
The Brownfield Redevelopment Authority has reviewed and approved this plan
on October 10, 2024 and recommends that the City Commission consider
adopting it.
STAFF RECOMMENDATION: I move that the City Commission approve the
Brownfield Redevelopment Plan for the property located at 1095 3rd St., and
authorize the Mayor and City Clerk to sign.
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The Public Hearing opened to hear and consider any comments from the
public. Comments and questions were made by Lora Swenson.
Motion by Commissioner Kilgo, second by Commissioner German, to close the
Public Hearing and approve the Brownfield Redevelopment Plan for the
property located at 1095 3rd St., and authorize the Mayor and City Clerk to sign.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
C. Public Hearing, Brownfield Plan Amendment- 349 West Webster, LLC, 349
W. Webster Economic Development
349 West Webster, LLC has submitted a Brownfield Plan Amendment for the 349
West Webster Redevelopment project, which aims to rehabilitate a vacant and
blighted office building into a mixed-use commercial facility. This project will
help bring the property back onto the tax rolls, create jobs, and contribute to
the city's economic development.
The project site, currently a vacant and blighted office building, is located at
349 West Webster Ave. The property has historically been used for both
educational and office purposes. The developer, 349 West Webster, LLC,
acquired the site from Muskegon Public Schools in 2021. The proposed
redevelopment includes lodging and retail spaces as well as site improvements,
with construction scheduled to begin in Summer 2024 and completion expected
by Fall 2025. The estimated investment is $11,500,000, and the project is
expected to create 10 full-time equivalent (FTE) jobs within two years of
completion.
Eligible Activities: The Brownfield Plan includes the following eligible non-
environmental activities:
• Site Demolition: $1,050,000
• Site Preparation: $150,000
• Architecture and Engineering Fees: $450,000
• Asbestos Abatement: $30,000
• Brownfield Plan Development: $10,000
Administrative costs of the CMBRA, calculated as 10% of total eligible activities,
are estimated at $169,000. Interest expenses at 5.00% are also eligible for
reimbursement. The capture period is for 30 years with an additional 5 years for
the revolving loan fund.
Total Potential Eligible Activity Costs: $1,859,000.00 (inclusive of contingencies,
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financing costs, and administrative fees)
The Development and Reimbursement Agreement is included in this plan. The
following are the key highlights from the agreement:
Reimbursement Source:
The Developer and the City will be reimbursed for the costs of approved Eligible
Activities (such as demolition, site preparation, and infrastructure improvements)
through Brownfield Tax Increment Financing (TIF) Revenue. This revenue is
generated from increases in property taxes on the redeveloped property.
Reimbursement Process:
Both the Developer and the City must submit reimbursement requests to the
Authority, accompanied by the required documentation.
The Authority will review and either approve or dispute the reimbursement
request within 30 days. Payments will be made as tax revenues become
available.
If there is insufficient revenue to cover the full reimbursement in any period, the
remaining amount will be paid in subsequent periods as additional revenue
becomes available.
Term of Agreement:
The agreement will continue until the Developer and the City have been fully
reimbursed or until December 31, 2060, whichever occurs first. After this date,
any remaining captured tax revenue will be used to fund a Brownfield Revolving
Loan Program.
Legislative Authorization:
This agreement is governed by Act 381, and any changes in the law that affect
Brownfield TIF capture or eligible activities will adjust the agreement accordingly.
Assignment:
The rights and obligations under this agreement cannot be transferred without
the consent of the other parties, except that the Developer and the City may
assign their interests to affiliates for financing purposes.
Miscellaneous Provisions:
The agreement includes standard legal provisions regarding the handling of
notices, governing law (Michigan), and the execution of the agreement in
counterparts.
The Brownfield Redevelopment Authority reviewed this plan on October 10, 2024
and motioned to approve and suggest that the City Commission consider
adoption of the plan.
STAFF RECOMMENDATION: I move that the City Commission approve the
Brownfield Redevelopment Plan for the property located at 349 West Webster
Ave, and authorize the Mayor and City Clerk to sign.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to close the
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Public Hearing and approve the Brownfield Redevelopment Plan for the
property located at 349 West Webster Ave, and authorize the Mayor and City
Clerk to sign.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
2024-91 NEW BUSINESS
A. Conflict of Interest Disclosure Community & Neighborhood Services
Seeking approval to waive conflict pursuant to City Charter and State Law. City
staff will be seeking to submit a request to the Department of Housing and
Urban Development for an Exception for a Conflict of Interest for the City of
Muskegon Community and Neighborhood Services (CNS) Department Priority
Home Repair Program.
Under State law, a contract between a public entity and a public servant is
permissible in this particular case when:
1) The public servant discloses in writing to the Mayor, seven days prior to City
Commission action, their interest in the issue and the value of benefits to be
provided by the City;
2) The official body discloses a summary of the transaction in its official minutes.
Where a “conflict of interest” does exist pursuant to the City Charter, the City
may still enter into the contract if all the following occurs:
The City Commission declares that it is in the best interest of the City to enter into
the contract.
The City Attorney and employee provided a letter detailing the disclosure.
STAFF RECOMMENDATION: To waive the conflict of interest pursuant to City
Charter and State Law and request the Department of Housing and Urban
Development for an exception to approve the request of Conflict of Interest
Exception for the City of Muskegon Community and Neighborhood Services
Department Priority Home Repair Program.
Motion by Commissioner Kilgo, second by Commissioner German, to waive the
conflict of interest pursuant to City Charter and State Law and request the
Department of Housing and Urban Development for an exception to approve
the request of Conflict of Interest Exception for the City of Muskegon Community
and Neighborhood Services Department Priority Home Repair Program for
Ashley Briggs.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and
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Johnson
Nays: None
MOTION PASSES
ANY OTHER BUSINESS
City Manager Jonathan Seyferth stated that the City is switching over to BS&A
online and will be unable to take any payments October 30th through
November 4th. This will not affect the election.
Commissioner Kilgo asked about the STR moratorium.
Vice Mayor St.Clair stated that City Hall will be closed November 11th for
Veterans Day. The November Worksession will be combined with the November
12th City Commission Meeting.
Commissioners German and Keener asked about the ARPA Grants. There will be
an update at the December 2nd Legislative Policy Committee Meeting.
Commissioner Kilgo would like to see the data on infill housing.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 9:35 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Fireworks Display for NYE Ball Drop
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Pyrotecnico is requesting approval of a fireworks display permit for December 31, 2024/January 1,
2025, in the parking lot between 3rd and 4th Streets, west of Shoreline Drive. The Fire Marshall will
inspect the fireworks on the day of the event.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
To approve the fireworks display permit for Pyrotecnico contingent upon inspection of the fireworks.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Resolution for Charitable Gaming License -
Kids Belong
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Kids Belong is requesting a resolution recognizing them as a non-profit organization operating in the
City for the purpose of obtaining a gaming license. They have been recognized as a 501(c)(3)
organization by the State.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the resolution for a Charitable Gaming License.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Request to amend the planned unit
development (PUD) at Harbour Towne to allow
for the construction of 28 new condo
units. SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
The proposed buildings include six fourplexes and two duplexes.
Detailed Summary & Background:
The original PUD for Harbour Towne called for up to 250 units, however, only 190 units were built. The
time has lapsed to complete the additional units, so the PUD must be amended. A discussion was
had regarding the installation of sidewalks, which was an original condition of approval. The PUD was
amended in 2002 to add three additional duplexes along Fulton St. That amendment noted that the
original agreement for sidewalks for the PUD is retained. During the July 11, 2002 Planning Commission
meeting it was noted: “In previous amendments the issue of pedestrian walkways has come up. The
original PUD required that walkways (sidewalks) be provided when the PUD became more fully
developed. This issue needs to be resolved. Cement sidewalks may not be practical in the
development. A boardwalk may be cost prohibitive. An option may be that a pedestrian/bike lane
be painted on the existing street demarking a pedestrian area that will prompt motorists to be
mindful of pedestrians and cyclists. The existing swath of pavement is fairly wide and open, which
can actually promote speeding in the development.”
The Planning Commission voted in favor (5 to 3, 1 absent) of recommending approval of the project
with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before construction
commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within two years from the
commencement of construction.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
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Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move that the request to amend the planned unit development (PUD) at Harbour Towne to allow
for the construction of 28 new condo units be approved with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before construction
commences
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within two years from the
commencement of construction.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Hearing, Case 2024-26: Request to amend the planned unit development (PUD) at Harbour Towne
to allow for the construction of 28 new condo units.
SUMMARY
1. The original PUD plans were approved on June 12, 1990. The approved plans included a
maximum of 250 residential units. There appears to be 190 units developed as of today.
However, the timeline to develop these units has expired and the proposed units are in
slightly different areas than originally approved.
2. The PUD was amended in 2002 to add three additional duplexes along Fulton St. That
amendment noted that the original agreement for sidewalks for the PUD is retained. During
the July 11, 2002 Planning Commission meeting it was noted: “In previous amendments
the issue of pedestrian walkways has come up. The original PUD required that walkways
(sidewalks) be provided when the PUD became more fully developed. This issue needs to
be resolved. Cement sidewalks may not be practical in the development. A boardwalk may
be cost prohibitive. An option may be that a pedestrian/bike lane be painted on the existing
street demarking a pedestrian area that will prompt motorists to be mindful of pedestrians
and cyclists. The existing swath of pavement is fairly wide and open, which can actually
promote speeding in the development.”
3. This amendment proposes eight new structures (six fourplexes, two duplexes) for a total of
28 new units.
4. The fire department has noted that some sort of turnaround must be added at the end of
Channel View Point. The current length exceeds the limit of 150 ft to a dead end without
an approved turnaround. Additionally, another hydrant must be added along Channel View
Point.
5. A stormwater permit from the Engineering Department will be required.
6. No landscaping plan has been provided.
7. Notice was sent to all parcels within 300 feet of this property. At the time of this writing,
staff had not received any comments from the public.
Harbour Towne Circle looking south.
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STAFF RECOMMENDATION
Staff recommends approval of the PUD amendment with the following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before
construction commences.
4. A landscaping plan is provided.
5. A decision is made regarding the installation of sidewalks.
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.________
An ordinance to amend the final planned unit development at Harbour Towne.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The planned unit development is hereby amended to allow the addition of 28 new housing units with the
following conditions:
1. A turnaround must be incorporated at the end of Channel View Point.
2. An additional fire hydrant must be added along Channel View Point.
3. A stormwater permit must be obtained from the Engineering Department before construction
commences.
4. A landscaping plan is provided.
5. Sidewalks through Harbour Towne Circle East and West are installed within 2 years from the
commencement of construction.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
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CERTIFICATE
(Amendment to the Planned Unit Development at Harbour Towne)
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 22nd day of October, 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: ___________________, 2024 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 22, 2024, the City Commission of the City of Muskegon adopted an
ordinance amending the planned unit development at Harbour Towne.
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 ____________________, 2024
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: ATM for Muskegon Farmers Market
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
City Commission authorized going into an agreement for an ATM at the Muskegon Farmers Market
and is recommending Consumers Credit Union.
Detailed Summary & Background:
Attached is the agreement with Consumers Credit Union.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
Authorize staff to sign the agreement with Consumers Credit Union to place an ATM at the Muskegon
Farmers Market.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review X
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TELLERPLUS+ SITE MASTER LEASE AGREEMENT
THIS TELLERPLUS+ SITE MASTER LEASE AGREEMENT ("Agreement") made this October 1,
2024 by and between City of Muskegon, (hereinafter "Lessor"), and Consumers Credit Union,
a Michigan Corporation, having an office at 7200 Elm Valley Drive Kalamazoo, Michigan (hereinafter
"Lessee").
ARTICLE I
ESTABLISHMENT AND MAINTENANCE OF TELLERPLUS+:
Section 1.01 Definitions. For all purposes herein, and for the purposes of the documents executed
pursuant hereto, the following terms shall have the following meanings:
A. "TellerPlus+” shall mean an electronic fund transfer terminal consisting of a video teller
machine, together with other fixtures, access lines, equipment and furnishings necessary
to, or which will facilitate, the operation of banking services which it is capable of
performing now and in the future.
B. "ATM” shall mean an electronic fund transfer terminal consisting of an automated teller
machine, together with other fixtures, access lines, equipment and furnishings necessary
to, or which will facilitate, the operation of banking services which it is capable of
performing now and in the future.
Section 1.02 Leased Premises. Subject to the terms and conditions contained herein, Lessor
agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the TellerPlus+ Site on Lease
Schedule(s) Exhibit A executed contemporaneously herewith or which may be executed hereafter Commented [KS1]: Updated Exhibit A
from time to time during the term of this Agreement.
Section 1.03 Payment. This license agreement will not require payment for use of the TellerPlus+
from the Lessor. This license agreement will not require rent for the TellerPlus+ Site from Lessee.
Section 1.04 Additional TellerPlus+ or ATMs. In the event Lessor desires additional TellerPlus+
or ATM at any other business owned and operated by City of Muskegon, then Lessor shall notify
Lessee of the opportunity. Lessee will be given the opportunity to bid on new business. offer Lessee
a right of first refusal at such location(s). If Lessee declines to lease on reasonable terms, Lessor
may then offer the location to others. If Lessor acquires new location(s) where a TellerPlus+ or ATM
is already established, Lessor will notify Lessee of opportunity Lessee will have first right of refusal
on location when the existing TellerPlus+ or ATM agreement dissolves. Lessee will be given the
opportunity to bid on new business.
Sensitivity: Internal
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Section 1.05 Exclusivity. Lessor grants to Lessee the exclusive right to install, maintain and
operate an TellerPlus+ at the Lessor's premises, located at 242 West Western Avenue, Muskegon,
MI 49440. See Lease Schedule, Exhibit A for site location. Lessor agrees not to permit any other
financial institution to install, maintain, and/ or operate a TellerPlus+ or ATM at this location without
Lessee's prior express written consent.
Section 1.06 Equipment. Lessee agrees, at its own expense, to provide, locate and install the
TellerPlus+ terminal(s). Lessee is responsible for providing dedicated communication and electric
to TellerPlus+ site. Lessee may sub-contract equipment and services.
Section 1.07 Access to TellerPlus+. Lessor agrees not to block the side or front of the TellerPlus+
or otherwise restrict access to the TellerPlus+ to ensure appropriate maintenance and cash
management can occur.
Section 1.08 Ownership. All elements constituting the TellerPlus+ terminal(s), as well as all
signage erected by Lessee, shall remain the sole property of Lessee, and Lessor shall have no
interest therein. Lessee shall pay all bona fide personal property taxes assessed or levied with
respect to the TellerPlus+ terminal(s) by the appropriate taxing authority. At the end of the term of
this Agreement, Lessee may remove the TellerPlus+ terminal(s) without liability to Lessor.
Section 1.09 Signage. Lessee shall be permitted to place fixed or digital signage, at Lessee's
expense, at TellerPlus+ terminal(s) which identifies Lessee, and/or Lessee's and other participant's
networks by tradename and/or logo and the financial services available at the TellerPlus+ terminal(s).
Consistent with this right, the size and placement of all TellerPlus+ Site signage shall be subject to
Lessor's approval which shall not be unreasonably withheld. In the event of changes in network
tradenames or logos or services available at the TellerPlus+ terminal(s), the signage shall be
replaced to reflect the then current names, logos or services. Replacement costs shall be born by
the party whose signs must be replaced. Lessee shall provide directional signage to be placed by
Lessor within ninety (90) days of Agreement Commencement Date. Design and location of signage
will be mutually agreed upon by Lessee and Lessor. Any additional signage will be mutually agreed
upon prior to installation by Lessor and Lessee.
Section 1.10 Governmental Approvals. Lessee has or shall obtain, at Lessee's expense, all
necessary permits and approvals required by governing authorities for the installation and operation
of TellerPlus+ terminal(s) at the Site leased hereunder. If, however, for any reason whatsoever,
Lessee is denied authority to install any number of the TellerPlus+ terminal(s)or to perform all or part
of the work necessary to install and operate the same or deems the expense of installation to be
excessive in its sole discretion, or is denied the right to conduct any other banking business at the
TellerPlus+ terminal(s) which Lessee deems necessary for the continued operation of the
TellerPlus+ terminal(s), then Lessee shall have the right, but not the obligation, to terminate the
Lease schedule under which the affected TellerPlus+ was leased. Said termination hereunder shall
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be effective upon the mailing of such notice of termination. In the event one or more Lease
Schedules are so terminated, Lessor shall return to Lessee any deposits and prorata rentals for
unused months heretofore made by Lessee to Lessor.
Section 1.11 TellerPlus+ Maintenance. Lessee shall maintain the TellerPlus+ terminal(s) in good
operating condition and shall expeditiously make all required repairs or replacements at its sole
expense. The service level will be managed to less than 4% average monthly downtime. Lessee
may sub contract service. Lessor shall notify Lessee of the breakdown of, or damage to, the
TellerPlus+ terminal(s) within a reasonable time after learning of same and shall not itself repair or
attempt to repair or service the TellerPlus+ terminal(s). Once notified of outage/error Lessee will
provide initial service within 4 hours, up to 8 hours in the event of inclement weather.
Section 1.12 Cash Monitoring and Service.
A. Cash Level Monitoring: The Lessee shall monitor cash levels to ensure that services
provided to patrons are timely and uninterrupted.
B. Increased Servicing: In the event that issues arise concerning cash levels or delivery, the
Lessee agrees to increase servicing to a reasonable extent, to address and resolve service
disruptions.
Section 1.13 Site Maintenance. Lessor shall be responsible for the maintenance of the area
surrounding the TellerPlus+ Site in good condition. Lessor shall be responsible for sidewalk
maintenance, lighting, and safety. In the unlikely event of damage or vandalism, Lessor will, in good
faith, assist Lessee with their investigation.
Section 1.14 Utilities. Lessee shall furnish, at its sole expense, all lighting, air conditioning, data
line from circuit to equipment, if applicable, and heat and electricity for the Lessor's TellerPlus+ Site.
If any utility or data line is damaged, for any reason by patron of the Lessor, the Lessor shall
reimburse Lessee to cost of reconnection. Lessee shall be responsible for providing, paying for and
maintaining all communication circuits to the TellerPlus+.
Section 1.15 Insurance. At all times during the term of this Agreement, Lessee shall maintain
general liability insurance which shall include coverage for the TellerPlus+ terminal(s), naming
Lessor as an additional insured, as its interest may appear, under such policy or policies with no less
than the following limits of liability: Bodily Injury and Property Damage - $1 million combined single
limit. In addition, Lessee shall maintain an all risk property insurance policy to protect its TellerPlus+
terminal(s) and related equipment. Furthermore, Lessor shall maintain a general liability insurance
policy with respect to the TellerPlus+ terminal(s), naming Lessee as an additional insured, as its
interest may appear, under any policy or policies with no less than the following limits of liability:
Bodily Injury and Property Damage - $1 million combined single limit. Both parties shall, upon
request, provide to the other an appropriate certificate of insurance.
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Section 1.16 Hold Harmless Provision. Anything to the contrary notwithstanding, Lessee
covenants to indemnify and hold harmless lessor from and against all claims brought by third parties
or regulatory authorities and all costs (including attorneys fees), expenses and liabilities incurred in
connection with such claims, including any action or proceeding brought thereon, arising solely from
and as a direct result of the operation of the TellerPlus+ Site, provided that the Lessor notifies Lessee
of such a claim within five (5) thirty (30) business calendar days of the date that Lessor becomes or
should have become aware of such a claim, or unless such claim arises solely from or as a direct
result of Lessor's acts, unilaterally taken without consultation with Lessee.
Lessor covenants to reimburse, indemnify and hold harmless Lessee from and against all claims,
costs (including attorney fees), expenses and liabilities incurred in connection with any claims,
causes of action, lawsuits or demands against Lessee due to Lessor's business activities, including
the negligent or intentional acts of Lessor's agents or employees.
Section 1.17 Damage to Premises. If any TellerPlus+ Site is damaged or destroyed in whole or in
part, Lessor will notify Lessee as soon as damage is discovered. Lessee shall proceed with due
diligence to so restore and provide Lessor with timeline. by fire or other casualty so as to deprive Commented [KS2]: Updated this small section
Lessee of occupancy or use of the same, and if such damage or destruction can be repaired and and removed the rest
restored to the same good tenantable condition existing prior to such damage or destruction within
30 days, Lessee shall proceed with due diligence to so restore and repair the TellerPlus+ Site. ;
provided, however, if under the terms of the Lessor's lease, it is the obligation of Lessor's landlord to
perform such repairs and restoration, Lessor's obligation. In the event such damage or destruction
cannot be or is not repaired within 30 days, Lessee and Lessor shall each have the right to terminate
the Location under which the affected TellerPlus+ Site was leased by providing the other party ten
(10) days prior written notice of such termination. Lessor shall pay for any damage to the TellerPlus+
Site or TellerPlus+ caused by or resulting from any act or omission of Lessor, its agents, employees,
or independent contractors.
Section 1.18 Eminent Domain. If the whole or any substantial part of any TellerPlus+ Site shall be
taken by public authority under the power of Eminent Domain, that location may be removed from
the Schedule with written notice. All damages awarded for such taking shall belong to and be the
property of Lessor; provided, however, that Lessor shall not be entitled to any portion of an award
made to Lessee for the cost of moving or removing the TellerPlus+ Site.
Section 1.19 Taxes. N/A Any taxes incurred due to TellerPlus+ site would be incurred and paid by
Lessee.
Section 1.20 Construction. Lessee is hereby authorized to construct and install the TellerPlus+ on
the TellerPlus+ Site. Lessor and Lessee shall perform their respective installation activities. In
constructing, installing, removing, altering, erecting and maintaining the improvements, and in
installing, repairing, or replacing any TellerPlus+ to serve the TellerPlus+ Site, Lessee shall not
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interfere with any business conducted on any adjacent property and shall promptly clean up and
restore the TellerPlus+ Site and surrounding area after such work and shall maintain the same in as
clean and orderly a manner as possible during the progress of such work.
ARTICLE II
TERM OF AGREEMENT AND RIGHTS UPON TERMINATION
Section 2.01 Effective Date. City of Muskegon agrees that this Contract shall become effective
upon October 1, 2024.
Section 2.02 Initial Term and Renewal. Commented [KS3]: City was good with auto-
A. Initial Term: This agreement shall commence on October 1, 2024 and shall continue in full renewal if they had 180 days prior to expiration to
force and effect for an initial term of five (5) years (the” Initial Term”). This agreement cancel. I believe this one is good with edits.
cannot be terminated during Initial Term.
B. Second Term: Upon expiration of the Initial Term, this Agreement shall automatically
renew for a second term of five (5) years (the “Second Term”), unless either party provides
written notice of non-renewal to the other party at least one hundred eighty (180) days prior
to the expiration of the Initial Term. The Agreement cannot be terminated during the Initial
or Second Term.
C. Automatic Renewal: Following the expiration of the Second Term, This Agreement
shall automatically renew for successive periods of twenty-four (24) months each (the
“Renewal Term”), unless either party provides written notice of non-renewal to the other
party at least one hundred eighty (180) days prior to the expiration of the then-current
term.
Section 2.03 Warranties of Lessor. Lessor warrants that this Agreement, and the rights created
thereunder to not violate any lease under which Lessor occupies an TellerPlus+ Site. Further,
Lessor warrants to Lessee that any underlying leases in which Lessor is the tenant of said
TellerPlus+ Site, do not in any way restrict against, limit or prohibit the execution of this Agreement
or any use or activity permitted by this Agreement or any Lease Schedule executed hereunder.
ARTICLE III
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ADVERTISING
Section 3.01 Advertising. Lessor acknowledges that Lessee intends to advertise the TellerPlus+
Site, and authorizes Lessee, at its own expense, to advertise the existence and locations of the
TellerPlus+ Site, and the services offered thereby in such media and in such manner as Lessee
deems desirable. Such advertising may identify Lessor by name and logo and may identify the
locations served by the TellerPlus+, but such advertising shall be restricted to the promotion of the
TellerPlus+and any other use of Lessor's name or logo, without the prior written approval of Lessor,
is prohibited. Lessor may advertise and promote the use of the TellerPlus+, including but not limited
to, directing its employees to explain the service features of the TellerPlus+ and location of such
TellerPlus+. Lessor may advertise and promote the location of the TellerPlus+ as Lessor deems
desirable; provided however, that due to federal regulations governing advertising of financial
services, all advertising other than that mentioned herein must be previously approved by Lessee. If
the TellerPlus+(s) is in a place of business, it will be notated that this location is not open to the
public.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 4.01 Use of Premises. Subject to the other provisions of this Agreement, Lessee shall use
the TellerPlus+ Site for the sole purpose of operating unmanned TellerPlus+ used for conducting
such banking transactions which TellerPlus+ can presently perform or may in the future be capable
of performing as a result of technological advances or regulatory changes.
Section 4.02 Acceptance of Premises. Lessee acknowledges that it has inspected the TellerPlus+
Site, and accepts same in "as is" condition. Lessee further acknowledges that Lessor has made
absolutely no warranties or representations regarding the conditions of the TellerPlus+ Site.
Section 4.03 Assignment and Sublease. Lessor shall not assign or dispose of any of its rights
or obligations under this agreement without prior written consent of Lessee. This Agreement is
binding on the successors and permitted assigns of the parties.
Section 4.04 Michigan Law. This agreement has been executed in the State of Michigan and shall
be interpreted pursuant to the laws of the State of Michigan.
ARTICLE V
MARKETING PARTNERSHIP
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Section 5.01 Term of Support. Lessee shall provide services below in support of Lessor through
the Initial Term. Ninety (90) days prior to the expiration of the Initial Term, Lessee shall provide
proposal of support for the upcoming renewal term. Lessee shall provide updated proposal ninety
(90) days prior to each successive renewal term.
Section 5.02 Digital Billboards. Lessee shall promote Muskegon Farmers market on digital
billboards in Muskegon, Grand Haven, Walker and Plainfield locations.
A. Muskegon Location: The Lessee shall promote the Lessor during the annual period
commencing on May 1st and ending on November 30th, on each Tuesday, Thursday,
and Saturday from 8:00 a.m. to 2:00 p.m.
B. Walker, Grand Haven, and Plainfield Locations: The Lessee shall promote the
Lessor during the annual period commencing on May 1st and ending on November
30th, on each Saturday from 8:00 a.m. to 2:00 p.m.
Section 5.03 Video Spotlight. Lessee shall create a video spotlight promoting Lessor to be
published on Lessee’s social media sites, as well as for Lessor’s use.
Section 5.04 Website and App Listing. Lessee shall promote Lessor’s location as one of
Lessee’s ATM locations, highlighting convenience for downtown Muskegon tourists.
Section 5.05 Member Perks. Lessee shall promote Lessor under our “Member Perks” on our
Consumers CU website.
Section 5.06 Farmers Market Gift Certificate Giveaways. Lessee shall promote Lessor during
the summer market months of May–November to new members by holding monthly giveaways.
Section 5.07 On-Site Presence
A. Consumers CU Representative: The Lessee shall appoint a representative of
Consumers CU to be present near the TellerPlus+ during peak days of the Muskegon
Farmers Market and Flea Market. The representative shall be onsite with a frequency of
one (1) day per calendar month, with the option of either the first Tuesday or the first
Wednesday of each month. In addition, the Lessee shall ensure the presence of their
representative on the first Saturday in December for the opening of the Winter Market
B. Financial Wellness Education-Themed Events: The Lessee, as part of their
commitment to on-site representation, shall host financial wellness education-themed
days for the benefit of market patrons. These educational events shall include, but are
not limited to, topics such as 'Shopping on a Budget' and 'Buying Your First Home.'
Additionally, the Lessee shall organize and facilitate kid-focused financial literacy
activities during the 'Power of Produce Club' days, with the distribution of piggy banks
and other educational items to engage and benefit children in attendance. The
frequency and specific dates of these events shall be determined collaboratively
between the Lessee and the Lessor, ensuring a mutually agreeable schedule that
aligns with the market's peak days and overall calendar of events
Section 5.08 Consumers @Work: As part of the finalized support, the Lessor will consider the
Lessee’s financial education programming (“Consumers @Work”) and discuss potential
opportunities for promoting the Lessee’s services on Lessor’s website.
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Section 4.05 Marketing Partnership.
The Lessee has submitted a proposal for several initiatives and events aimed at supporting the
Muskegon Farmers Market. The Lessee and Lessor agree to finalize the proposed initiatives and
events prior to the Effective Date of Agreement.
THE UNDERSIGNED, each acting as a duly authorized representative of the company beneath
whose name the signature appears and on behalf of said company, do execute this Agreement on
the day and year first above written.
CITY OF MUSKEGON CONSUMERS CREDIT UNION
LESSOR LESSEE
X X
By: By: Linday M. McCall
Its: Its: COO
Date:
Tax ID Number:
Date: ___________ _____________
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LEASE SCHEDULE FOR
TELLERPLUS + SITE MASTER LEASE AGREEMENT
This Lease Schedule is made this October 1, 2024 and is executed pursuant to the TellerPlus+ Site
Master Lease Agreement, dated the October 1, 2024, between City of Muskegon, Lessor, and
Consumers Credit Union, Lessee.
TELLERPLUS+ SITE LOCATION:
Site Location: Muskegon Farmers Market
Address: 242 West Western Avenue, Muskegon, MI 49440
CO-OP Network members will receive fee-free service at the above location(s). Customers from
other financial institutions will be charged for service.
Exhibit A:
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Exhibit B:
Exhibit C:
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Amendment to Section 404 of the zoning
ordinance to remove R-2 and R-3 districts and to
adjust the area and bulk requirements for R-1
districts.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
This is a staff-initiated request to amend the zoning ordinance to allow all single-family residential lots
to be considered buildable as long as they are at least 30 feet wide and 3,000 in size.
Detailed Summary & Background:
There are currently three separate single-family residential districts in the zoning ordinance; R-1, R-2,
and R-3; which all allow the same uses. The main difference between these districts is how much lot
width is required to be considered a buildable lot. This proposal would eliminate R-2 and R-3 districts
and change the bulk and area requirements to the current R-3 standards, which requires a minimum
30-foot lot width and 3,000 sf in size. The new Maximum Lot Coverage requirements would also match
the current R-3 standards (buildings 70%, pavement 20%). The chart in Section 404 would be removed
and the Area and Bulk Requirements would be represented as they previously were in the zoning
ordinance (without a chart).
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend Section 404 of the zoning as presented.
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Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 55 of 97
Planning Commission Packet Excerpt
Hearing, Case 2024-27: Staff-initiated request to amend Section 404 of the zoning ordinance to remove R-2 and
R-3 districts and to adjust the area and bulk requirements for R-1 districts.
SUMMARY
1. There are currently three separate single-family residential districts in the zoning ordinance; R-1, R-2, and
R-3; which all allow the same uses. The main difference between these districts is how much lot width is
required to be considered a buildable lot. This proposal would eliminate R-2 and R-3 districts and change
the bulk and area requirements to the current R-3 standards, which requires a minimum 30-foot lot width.
2. The chart in Section 404 would be removed and the Area and Bulk Requirements would be represented
as they previously were in the zoning ordinance (without a chart).
Proposed amendments (redline version)
Section 404: Area and Bulk Requirements
R-1 R-2 R-3
Minimum Lot Size 6,000 square feet 4,000 square feet 3,000 square feet
Minimum Lot Width 50 feet 40 feet 30 feet
Maximum Lot Buildings: 50% Buildings: 60% Buildings: 70%
Coverage
Pavement: 10% Pavement: 15% Pavement: 20%
Height Limit* 2 stories or 35 feet** 2 stories or 35 feet** 2 stories or 35 feet**
Front Build-to-Zone*** 10-30 feet 10-30 feet 10-30 feet
Rear Setback 15 feet 15 feet 15 feet
Side Setback 1 story: 6 feet 1 story: 6 feet 1 story: 5 feet * Height
2 story: 8 feet 2 story: 7 feet 2 story: 5 feet
measurement: In the case of a principal building, the vertical distance measured from the average finished grade
to the highest point of the roof surface where the building line abuts the front yard, except as follows: to the
deck line of mansard roofs, and the average height between eaves and the ridge of gable, hip, and gambrel roofs
(see Figure 2-2). If the ground is not entirely level, the grade shall be determined by averaging the elevation of
the ground for each face of the building (see Figure 2-3).
** Homes located in an established Historic District may be up to 3 stories or 45 feet, if found to be compatible
with other homes within 600 feet.
*** New principal structures may align with existing principal structures in the immediate area even if the front
setback falls outside the build-to-zone. The immediate area shall be considered all houses on the same block
face within 600 feet of the property. For corner lots, the front shall be considered the street that faces the front
door. The other street shall follow the side setback requirements. The rear, which is opposite of the front street,
shall also follow the side setback requirements. All required setbacks shall be measured from the property line
to the nearest point of the determined drip line of buildings.
New Language Proposed:
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Page 58 of 97
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 404 of the zoning ordinance to remove R-2 and R-3 districts and to adjust the
area and bulk requirements for R-1 districts
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article 404 of the zoning ordinance is amended as follows:
SECTION 404: AREA AND BULK REQUIREMENTS
1. Minimum lot size: 3,000 sq. feet.
2. Maximum lot coverage:
Buildings: 70%
Pavement 20%
3. Lot width: 30 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
4. Height limit: 2 stories or 35 feet. Exception: Homes located in an established Historic District may be up
to 3 stories or 45 feet, if found to be compatible with other homes within 600 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the
average finished grade to the highest point of the roof surface where the building line abuts the front
yard, except as follows: to the deck line of mansard roofs, and the average height between eaves and
the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely level, the grade
shall be determined by averaging the elevation of the ground for each face of the building (see Figure
2-3).
5. Front Setbacks:
Minimum: 10 feet
Maximum: 30 feet
Note: New principal structures may align with existing principal structures in the immediate area even
if the front setback falls outside the build-to-zone. The immediate area shall be considered all houses
on the same block face within 600 feet of the property.
For corner lots, the front shall be considered the street that faces the front door. The other street shall
follow the side setback requirements. The rear, which is opposite of the front street, shall also follow the
side setback requirements.
All required setbacks shall be measured from the property line to the nearest point of the determined
drip line of buildings.
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6. Rear setback: 15 feet
7. Setback from the ordinary high-water mark or wetland: 30 feet (principal structures only).
8. Side setbacks: 5 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way line to
the nearest point of the determined drip line of buildings.
Page 60 of 97
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 61 of 97
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 12th day of November 2024, 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: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 62 of 97
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 404 of the zoning ordinance to remove R-2 and R-3 districts and to adjust the
area and bulk requirements for R-1 districts.
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 ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Amendment to Section 400 of the zoning
ordinance to allow duplexes, triplexes, and
accessory dwelling units as principal uses
permitted in the Single-Family Residential Districts.
Submitted by: Department: Planning
Brief Summary:
This is a staff-initiated request to amend Section 400 of the zoning ordinance to allow duplexes,
triplexes, and accessory dwelling units as principal uses permitted in the Single-Family Residential
Districts.
Detailed Summary & Background:
Currently, single-family is the only housing option in R districts. This proposal recommends allowing
duplexes, triplexes and accessory dwelling units (under certain conditions) in these districts. Duplexes
would have to be on lots at least 40 feet wide. Triplexes would have to be on lots at least 50 feet wide
and must have an alley in the back. Accessory Dwelling Units would have to be located behind an
existing housing unit.
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the amendments to Section 400 of the zoning ordinance as proposed.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
No
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Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 65 of 97
Planning Commission Packet Excerpt
Hearing, Case 2024-28: Staff-initiated request to amend Section 400 of the zoning ordinance to allow duplexes,
triplexes, and accessory dwelling units as principal uses permitted in the Single-Family Residential Districts.
SUMMARY
1. Currently, single-family is the only housing option in R districts. This proposal recommends allowing
duplexes, triplexes and accessory dwelling units (under certain conditions) in these districts.
Proposed amendments (redline version)
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 400 of the zoning ordinance to allow duplexes, triplexes, and accessory
dwelling units as principal uses permitted in the Single-Family Residential Districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article 400 of the zoning ordinance is amended as follows:
SECTION 400: PRINCIPAL USES PERMITTED
In all Single-Family Residential Districts, no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one or more of the following specified uses, unless otherwise
provided in this Ordinance;
1. One Family detached dwellings.
2. Duplexes on lots that are at least forty (40) feet wide.
3. Triplexes with the following conditions:
a. The lot must be at least fifty (50) feet wide.
b. The lot must be serviced by an alley in the rear.
c. Parking areas must be set back at least forty (40) feet from the front property line and may
not be accessed from the front street.
4. Accessory dwelling units with the following conditions:
a. The accessory dwelling unit must be detached and accessory to a principle structure.
b. The accessory dwelling unit is allowed in conjunction with a one-family detached, duplex, or
triplex.
c. The accessory dwelling unit must be located behind the front building line of the principal
structure.
5. Existing multiple-family buildings may add additional dwelling units as long as they meet the living
area standards listed in Section 2319.
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This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 68 of 97
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 12th day of November 2024, 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: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 69 of 97
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 400 of the zoning ordinance to allow duplexes, triplexes, and accessory
dwelling units as principal uses permitted in the Single-Family Residential Districts.
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 ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 70 of 97
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Amendment to Article II of the zoning
ordinance to create a definition for accessory
dwelling unit.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
This is a staff-initiated request to amend Article II of the zoning ordinance to create a definition for
accessory dwelling unit.
Detailed Summary & Background:
Proposed definition:
Accessory Dwelling Unit (ADU): An accessory structure typically located at the rear of a lot that
provides either a small residential unit or home office space.
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend Article II of the zoning ordinance as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Page 71 of 97
Technology
Other Division Heads
Communication
Legal Review
Page 72 of 97
Planning Commission Packet Excerpt
Hearing, Case 2024-29: Staff-initiated request to amend Article II of the zoning ordinance to create a definition
for accessory dwelling unit.
SUMMARY
1. A definition for accessory dwelling unit must be created.
Proposed amendments (redline version)
Page 73 of 97
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Article II of the zoning ordinance to create a definition for accessory dwelling unit.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II of the zoning ordinance is amended as follows:
Accessory Dwelling Unit (ADU): An accessory structure typically located at the rear of a lot that provides
either a small residential unit or home office space.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 74 of 97
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 12th day of November 2024, 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: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 75 of 97
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Article II of the zoning ordinance to create a definition for accessory dwelling unit.
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 ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 76 of 97
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Amendment to Article IV of the zoning
ordinance to remove R-2 and R-3 districts and
rename the single-family residential district.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
THis is a staff-initiated request to amend Article IV of the zoning ordinance to remove R-2 and R-3
districts and rename single-family residential districts.
Detailed Summary & Background:
If the request to allow duplexes, triplexes and accessory dwelling units is approved, the name of the
zoning designation should be changed to reflect the types of houses allowed. Staff proposes
changing the name from “Single-Family Residential” to “Neighborhood Residential.”
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend Article IV of the zoning ordinance as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Page 77 of 97
Technology
Other Division Heads
Communication
Legal Review
Page 78 of 97
Planning Commission Packet Excerpt
Hearing, Case 2024-30: Staff-initiated request to amend Article IV of the zoning ordinance to remove R-2 and
R-3 districts and rename single-family residential districts.
SUMMARY
1. If the request to allow duplexes, triplexes and accessory dwelling units is approved, the name of the
zoning designation should be changed to reflect the types of houses allowed. Staff proposes changing
the name from “Single-Family Residential” to “Neighborhood Residential.”
Proposed amendments (redline version)
Page 79 of 97
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Article IV of the zoning ordinance to remove R-2 and R-3 districts and rename single-
family residential districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II of the zoning ordinance is amended as follows:
ARTICLE IV – R NEIGHBORHOOD RESIDENTIAL DISTRICTS
PREAMBLE
The R Neighborhood Residential Districts are designed to provide a variety of housing choices on a range of
lot sizes. The regulations are intended to stabilize, protect, and encourage the residential character of the
districts and prohibit activities not compatible with a residential neighborhood. Development is limited to
detached houses, duplexes, triplexes, accessory dwelling units, and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. All homes in these districts must
meet the residential design criteria established in Section 2319.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 80 of 97
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 12th day of November 2024, 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: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 81 of 97
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Article IV of the zoning ordinance to remove R-2 and R-3 districts and rename single-
family residential districts.
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 ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 82 of 97
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Amendment to Section 2326 of the zoning
ordinance to reduce the minimum number of
parking spaces for single-family and multi-family
dwelling units.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
This is a staff-initiated request to amend Section 2326 of the zoning ordinance to reduce the minimum
number of parking spaces for single-family and multi-family dwelling units. Staff is proposing to reduce
the minimum number of parking spaces required per dwelling unit from two to one.
Detailed Summary & Background:
Only one parking space per dwelling unit was required for residential uses prior to an ordinance
amendment in 2002. Large apartment complexes continue to overdevelop parking lots based on the
zoning ordinance’s requirements. Staff had considered proposing to eliminate parking minimums
altogether, as is the case in form-based code districts, but based on public feedback a reduction to
one parking space per dwelling unit is being proposed instead.
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the amendments to Section 2326 of the zoning ordinance as presented.
Approvals: Guest(s) Invited / Presenting:
Page 83 of 97
Immediate Division X No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 84 of 97
Planning Commission Packet Excerpt
Hearing, Case 2024-31: Staff-initiated request to amend Section 2326 of the zoning ordinance to reduce the
minimum number of parking spaces for single-family and multi-family dwelling units.
SUMMARY
1. Only one parking space per dwelling unit was required for residential uses prior to an ordinance
amendment in 2002. Large apartment complexes continue to overdevelop parking lots based on the
zoning ordinance’s requirements. Staff had considered proposing to eliminate parking minimums
altogether, as is the case in form-based code districts, but based on public feedback a reduction to one
parking space per dwelling unit is being proposed instead.
Proposed amendments (redline version)
Page 85 of 97
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2326 of the zoning ordinance to reduce the minimum number of parking spaces
for single-family and multi-family dwelling units.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article Section 2326 of the zoning ordinance is amended as follows:
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 86 of 97
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 12th day of November 2024, 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: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 87 of 97
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2326 of the zoning ordinance to reduce the minimum number of parking
spaces for single-family and multi-family dwelling units.
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 ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 88 of 97
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: November 12, 2024 Title: Amendment to Article XX of the zoning
ordinance to allow the conversion of single-
family houses into duplexes and triplexes.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
This is a staff-initiated request to make minor amendments to the design criteria in the form-based
code to allow single-family houses to be converted into duplexes and triplexes, under certain
conditions.
Detailed Summary & Background:
Within the form-based code districts, a few minor design requirements could prevent converting a
single-family house into a duplex or triplex. Please see the enclosed Planning Commission Excerpt that
depicts these changes in more detail.
The Planning Commission unanimously (6-0, 2 abstain, 1 absent) voted to approve the request as
presented.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the amendments to Article XX of the zoning ordinance as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Page 89 of 97
Information
Technology
Other Division Heads
Communication
Legal Review
Page 90 of 97
Planning Commission Packet Excerpt
Hearing, Case 2024-32: Staff-initiated request to amend Article XX of the zoning ordinance to allow the
conversion of single-family houses into duplexes and small multiplexes.
SUMMARY
1. Within the form-based code districts, a few minor design requirements could prevent converting a
single-family house into a duplex or triplex.
2. These requirements for Duplex Buildings include (requirements written in black. Suggested
amendments written in red):
a. Duplexes require “Entrances to upper floor unit(s) to be located at the front and/or side street
and shall be directly accessed from and face the street (2006.16, 4.0, B.). Add language stating
that existing Detached House Buildings may add an additional unit without meeting this
requirement.
b. Stoop Frontage Option for a Detached House allows for entry doors to be uncovered with no
canopy or supported roof (2006.17, B., 2.) while duplexes require that entry doors be covered
with a roof supported with columns. Add uncovered porches as an option for Duplex
Buildings.
c. Engaged Porch Frontage Option for a Duplex requires that a minimum of 50% of the building
facade projects either beyond the line of the porch columns or flush with the porch columns
(2006.16, H.), while a Detached House requires a minimum of 33% (2006.17, H.). Reduce the
50% requirement for Duplex Buildings to 33%.
3. These requirements for Small Multiplex Buildings include (requirements written in black. Suggested
amendments written in red):
a. Small Multiplexes shall have an 18” to 32” pilaster or wall surface every 18 to 30 feet along
building facades facing streets. Pilasters shall extend vertically from grade to cornice expression
line (this is not a requirement for the Detached House Building Type). Remove this requirement.
b. 10’ minimum ground floor ceiling height (9’ for Detached House Building Type). Reduce this
requirement from 10’ to 9’ for Small Multiplexes.
c. Different types of entry door treatments are required for Small Multiplexes and Detached
Houses (2006.14, 9.01, A.2.). Add uncovered porches as an option for Small Multiplexes.
d. 18” minimum stoop height for a Small Multiplex is higher than the 12” minimum for a Detached
House. Reduce the minimum stoop height for Small Multiplex Buildings from 18” to 12”.
e. A Small Multiplex Building requires that 10% to 50% of the façade between the adjacent grade
and the finish floor line of the second story be windows, but Detached House Buildings require
40% to 60% be windows. Increase the maximum percentage for Small Multiplex Buildings
from 50% to 60%.
f. Engaged Porch Frontage Option for a Small Multiplex requires that a minimum of 50% of the
building facade projects either beyond the line of the porch columns or flush with the porch
columns while a Detached House requires a minimum of 33%. Reduce the 50% requirement
for Small Multiplex Buildings to 33%.
4. Please see the proposed amendments on the following pages. A redlined version is not compatible with
the document type that is used for the form-based code. Instead, proposed amendments have been
highlighted.
Page 91 of 97
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Article XX of the zoning ordinance to allow the conversion of single-family houses
into duplexes and small multiplexes.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article XX of the zoning ordinance is amended as follows:
Page 92 of 97
Page 93 of 97
Page 94 of 97
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 95 of 97
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 12th day of November 2024, 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: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 96 of 97
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 12, 2024, the City Commission of the City of Muskegon adopted an
ordinance to amend Article XX of the zoning ordinance to allow the conversion of single-family houses
into duplexes and small multiplexes.
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 ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 97 of 97
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