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Agenda Item Review Form Muskegon City Commission Commission Meeting Date: AUgust 13, 2024 Title: PUblic Hearing - Request to issue an Obsolete Property Certificate, Shaw Walker Opportunity Zone Business 2, LLC- Building 2, 920 Washington Ave. Submitted by: Contessa Alexander, Development | Department: Economic Development Analyst Brief Summary: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Shaw Walker Opportunity Zone Business 2, LLC, has requesting the issuance of an Obsolete Property Certificate at 920 Washington Ave. to support further development. Detailed Summary & Background: The developer is requesting the issuance of an Obsolete Property Certificate for Building 2 at 920 Washington Ave. If granted, the property taxes would be frozen at the pre-rehabilitation rate for the duration of the certificate. The Obsolete Property Rehabilitation District for this property was established on July 12, 2016. The project involves converting the first floor of Building 2 into approximately 11,500 square feet of commercial retail soace available for lease. The developer aims to attract businesses such as restaurants, markets, fitness centers, daycare, hair salons, massage therapists, and others that will complement the residential components of the building. The total capital investment is over $1.1 million, ana the project is expected to create 200 jobs as a result of the rehabilitation. This project is part of the larger Shaw Walker redevelopment. Goal/Focus Area/Action liem Addressed: Key Focus Areas: Create an environment that effectively attracts new residents and retains existing residents by filling existing employment gaps, attracting new and diverse businesses to the city, and expanding access to a variety of high-quality housing options in Muskegon. 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 Accouni(s): Budget Amendment Needed: N/A Yes No N/A | X Recommended Motion: | move to close the public hearing and approve/deny the attached resolution for the issuance of an Obsolete Property Certificate for Building 2 at 920 Washington Ave. and authorize the City Clerk and Mayor fo sign. Approvals: Guest(s) Invited / Presenting: Immediate Division Head Yes Information Technology Other Division Heads Communication Legal Review CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. 2024-75 (E) A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by Shaw Walker Opportunity Zone Business 2, LLC. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption Certificate from Shaw Walker Opportunity Zone Business 2, LLC, to apply to the improvements located in an Obsolete Property Rehabilitation District established by previous resolution. All items described under “Instructions” (a) through (f) of the application for Obsolete Property Rehabilitation Exemption Certificate have been provided to the City of Muskegon, the Qualified Local Government Unit, by the applicant. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of 2000, dated July 12, 2000. An Obsolete Property Rehabilitation District in which the application property is located was established after a hearing on July 12, 2016. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five percent (5%) of the total taxable value of the City of Muskegon. In the event it is determined that the said taxable values do exceed five percent (5%), the City Commission determines further that the said exceedance will not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of any affected taxing units. This resolution of approval is considered by the City Commission on August 13, 2024, after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date. The applicant, Shaw Walker Opportunity Zone Business 2, LLC, is not delinquent any taxes related to the facility. The exemption to be granted by this resolution is for twelve (12) years. The City Commission finds that the property for which the Obsolete Property Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act 146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received from the applicant all the items required by Section 9 of the application form, being the general description of the obsolete facility, a general description of the proposed use, a description of the general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete the rehabilitation, and statement of the economic advantages expected from the exemption. Commencement of the rehabilitation has not occurred before the establishment of the district. K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation District established by the City under PA 146 of 2000. L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the Certificate, have the reasonable likelihood to increase commercial activity and create employment; it will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten percent (10%) of the true cash value of the property at the commencement of the rehabilitation. M. The City Commission determines that the applicant shall have twenty-four (24) months to complete the rehabilitation. It shall be completed by August 13, 2026, or two years after the Certificate is issued, whichever occurs later. N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of Muskegon, representatives of the affected taxing units and the general public. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City Commission hereby approves the application filed by Shaw Walker Opportunity Zone Business 2, LLC, for an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of twelve (12) years; 2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in Attachment A, the legal description containing the facilities to be improved; 3: BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply with the representations and conditions set forth in the recitals above and in the application material submitted to the City. This resolution passed. Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and German Nays: None CITY OF MUSKEGON Ken Johnson Mayor a Ann Meisch Clerk CERTIFICATE This resolution was adopted at a meeting of the City Commission held on August 13, 2024. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. TY OF MUSKEGON By ae Ann Meisch, City Clerk ATTACHMENT A: PROPERTY DESCRIPTION Address: 920 Washington Ave (Building No. 2) PIN#: 61-24-205-467-0001-00 Parcel Size: 5.16 Acres Legal: CITY OF MUSKEGON REVISED PLAT 1903 PT OF BLKS 467 AND 468 AND ENTIRE BLK 474 TOGETHER WITH PT OF THE C & O RR RW IN SD BLK 467 VAC MICHIGAN AVE BET SD BLKS 467 & 474 THE 2 VAC ALLEYS IN SD BLK 474 DESC AS BEG ON THE N RAW LN OF MICHIGAN AVE AT A POINT BEING N 89D 48M 11S E 549.04 FT FROM THE SW COR OF SD BLK 468 TH N 02D 11M 01S E 7.87 FT TH S 87D 51M 37S E 111.67 FT ALG SLY LN OF A5 STY BLDG TH N 02D 23M 08S E 85.09 FT ALG E SIDE OF A 4 IN WALL TH S 87D 48M 59S E 28.01 FT ALG NLY LN OF SD 5 STY BLDG TH N 02D 11M O1S E 21.28 FT ALG SD BLDG TH N 88D 38M 32S W 12.93 FT ALG SD BLDG LN THN 00D 42M 58S E 57.92 FT ALG SD BLDG LN TH S 88D 25M 41S E 8.43 FT ALG SD BLDG LN TH N 00D 42M 58S E 29.45 FT ALG SD BLDG LN TH N 88D 25M 41S W 0.40 FT ALG SD BLDG LN TH N 01D 34M 19S E 0.30 FT ALG SD BLDG LN TH N 88D 25M 41S W 8.72 FT ALG SD BLDG LN TH N OOD 30M 20S E 24.63 FT TH N 82D 30M 04S W 8.71 FT TH S 00D 30M 20S W 9.53 FT TH N 83D 24M 04S W 13.72 FT ALG SD 5 STY BLDG LN TH N 09D 23M 07S E 9.68 FT ALG SD 5 STY BLDG LN TH N 82D 30M 04S W 112.12 FT ALG SD BLDG LN & THE EXTENSION TH'OF TH N 07D 28M 33S E 75.55 FT ALG SD BLDG LN & THE EXTENSION TH'OF TH S 82D 42M 42S E 474.11 FT ALG THE SLY RAW LN OF WESTERN AVE TH S 00D 01M 06S E 664.21 FT ALG THE W RW LN OF DIVISION ST TH S 89D 34M 02S W 476.58 FT ALG THE N RW LN OF WASHINGTON AVE TH N 00D 20M 35S W 414.17 FT ALG THE E R/W LN OF HUDSON ST TH S89D 48M 11S W 1.29 FT ALG THE N RW LN OF MICHIGAN AVE TO POB CONTAINING 304,686 SF (6.995 AC) EXCEPT CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF BLKS 467 & 474 TOGETHER WITH PART OF VAC HUDSON PART OF MI AVE BOTH OF WHICH ARE BET SD BLKS & PART OF VAC ALLEY IN SD BLK 474 ALL OF A SECOND VAC ALLEY IN SD BLK 474 MORE PARTICULARLY DESC AS COM @ SW COR SD BLK 474 FOR POB TH N 00D 20M 35S W 414.17 FT ALG E LN OF HUDSON ST TH S 89D 48M 11S W 1.29 FT ALG N LN OF MICHIGAN AVE TH N 02D 11M 01S E 7.87 FT TH S 87D 51M 37S E 185.29 FT ALG SLY LN OF A5 STORY BLDG TH S 00D 06M 34S W 231.27 FT ALG WLN OF A5 STORY BLDG THN 89D 57M 03S E 39.77 FT ALG EXPANSION JOINT BET 5 STORY BLDGS TH S 00D 00M 258 W 182.21 FT ALG W LN OF A 10" BRICK WALL TH S 89D 34M 02S W 221 FT ALG N LN OF WASHINGTON AVE TO POB SUBJ TO DECLARATION OF RESTRICTIVE COVENANT RECOR'D 3629/083 SBJT TO ELECTRIC LNS ESMT RECORD'D L/P 3630/666 DESC AS A 10FT WIDE STRIP & BEING 5 FT ON EA SIDE OF EA UNDERGROUND ELECTRIC LN AS CONSTRUCTED ON OWNER'S LAND A 30 FT WIDE STRIP OF LAND BEING 15 FT ON EA SIDE OF EA OVERHEAD ELECTRIC LN AS CONSTRUCTED ON OWNERS LAND
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