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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
September 14, 2023
J. Doyle called the meeting to order at 4:02 p.m. and roll was taken.
MEMBERS PRESENT: K. Johnson, B. Mazade, J. Montgomery-Keast, E. Hood,
T. Michalski
MEMBERS ABSENT: D. Keener
MEMBERS EXCUSED: J. Seyferth, J. Doyle
STAFF PRESENT: M. Franzak, S. Pulos, J. Pesch, J. Eckholm
OTHERS PRESENT: None
APPROVAL OF MINUTES
A motion to approve the Minutes of the Planning Commission meeting on August 31, 2023 was
made by J. Montgomery-Keast, supported by E. Hood, and unanimously approved.
OLD BUSINESS
None.
PUBLIC HEARINGS
Hearing, Case 2023-24:
Request for a special use permit for a drive-thru window at the Subway located at 1848 E Sherman Blvd.
SUMMARY
1. The property is zoned B-4, General Business. The Subway restaurant is located in the southern
most suite in the strip mall development, closest to Sherman Blvd.
2. Subway has requested a special use permit to allow a drive thru window. The existing entrance
would be moved and a new drive lane would be added in front of the restaurant on the south
side, which is currently grass. Customers would enter through the existing parking lot and drive
east towards the drive through window, then turn right and exit out the curb cut on the southeast
corner of the property. Two parking spaces would be removed to make room for the new drive
isle.
3. Please see the enclosed site plan.
4. Notice was sent to every property within 300 feet of this location. At the time of this writing, staff
had not received any comments from the public.
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by J. Montgomery-Keast, supported by E. Hood
and unanimously approved.
1st MOTION
K. Johnson moved, seconded by J. Montgomery-Keast moved, that the request for a special use
permit for a drive-thru window at 1848 E Sherman Blvd be denied.
ROLL CALL VOTE
K. Johnson: Yes B. Mazade: No J. Montgomery-Keast: No
E. Hood: Yes S. Blake: No T. Michalski: No
MOTION FAILS
2nd MOTION
B. Mazade moved, seconded by J. Montgomery-Keast, that the request for a special use permit
for a drive-thru window at 1848 E Sherman Blvd be approved.
There was no vote on the 2nd motion.
3rd MOTION
K. Johnson moved, seconded by J. Montgomery-Keast, that the request for a special use permit
for a drive-thru window at 1848 E Sherman Blvd be tabled until the October Planning Commission
meeting.
ROLL CALL VOTE
K. Johnson: Yes B. Mazade: No J. Montgomery-Keast: Yes
E. Hood: Yes S. Blake: Yes T. Michalski: Yes
MOTION PASSES
Hearing, Case 2023-23:
Staff-initiated request to rezone all of the properties zoned R-1, R-2, R-3, and RT in the
McLaughlin, Angell, and Jackson Hill neighborhoods to FBC-UR.
SUMMARY
1. The majority of properties in the McLaughlin, Angell, and Jackson Hill neighborhoods are
zoned for single-family residential houses. However, this does not match the reality of the
neighborhoods, as each of these neighborhoods have a large variety of missing middle
houses (see maps on following pages). A downzoning effort in the 1990’s amended the
zoning to only allow for single-family houses. This made the existing missing middle
houses legally non-conforming (grandfathered). Legally con-conforming houses face
challenges with financing from banks, which leads to disinvestment, as property owners
may be prevented from accessing capital to update their houses. It also makes it difficult
for new buyers to secure financing to purchase the property.
2. Much of the downzoning effort was attributed to the dissatisfaction with neighbors
regarding over-crowding and blight associated with these types of houses. Many of the
homes were originally constructed as single-family houses and later converted to multi-
family houses, with little regulations in place. This led to multiple units being located on
small lots, leading to overcrowding issues that lead to parking, storage and general blight
concerns. The form based code, urban residential context area has taken these issues into
account and does not allow the conversion of single-family houses to multi-family units
and newly constructed houses are required to meet certain property regulations that
prevent over-crowding.
3. The recent housing needs assessment conducted for the City of Muskegon by Bowen
National Research has indicated that the City of Muskegon needs to develop nearly 3,000
housing units over the next five years to keep up with demand and stabilize pricing. This
large number of additional units cannot be met by building only single-family houses
within our neighborhoods. The City has lost hundreds of housing units over the past
couple decades through disinvestment and demolition. Many of these demolished homes
were missing middle types. Once they are demolished, they can only be rebuilt as single-
family houses, which forces residents out of their neighborhoods, reduces the housing
stock, and ultimately drives up the cost of housing; which will most likely lead to
gentrification. An increase in housing stock, which serves to keep housing prices
stabilized, helps to reduce gentrification.
4. Over the past couple of years, the most notable concern that has been brought forward
by those opposing missing middle housing is gentrification. However, there has also been
discussions on how the addition of any new housing could lead to gentrification. Adding
any new housing to a neighborhood has the potential for gentrification, because new
residents will be added to the neighborhood, and concerns over a new identity for the
area may arise. These are valid concerns for neighbors. However, these concerns are true
whether the new housing is single-family or missing middle. When new housing is
introduced to a neighborhood, missing middle housing actually helps fight gentrification
by providing additional living options for different sized families. Houses containing
multiple-units are cheaper to build than multiple single-family houses. Keeping rents
stabilized is the best thing the City can do to reduce gentrification while constructing new
housing. Only allowing single-family houses drives up housing costs and ultimately prices
residents out of their neighborhoods.
5. Please click here to view a short article from the White House’s website that discusses the
discriminatory origins of single-family zoning.
6. Notice of the rezoning request was sent to every property in the Jackson Hill, McLaughlin
and Angell neighborhoods that are zoned R-1, R-2, R-3 and RT. Notice was also given to
each of these neighborhood associations. At the time of this writing, staff had not
received any comments from the public. Please click here to view the form-based code
document on the City’s website.
PUBLIC COMMENTS
Terees Williams, 288 E Isabella Ave: Not long ago, the same department requested to change
the zoning due to density, pictures were provided showing vehicles parked in close quarters
and now a polar opposite request is being made. In recent history, he City is well known for
swinging the wrecking ball. The concern of many residents is that the city is allowed to change
the zoning as presented, residents will be subject to the whim of imminent domain. While on
the surface, adding new homes sounds like a good idea, the fact is that the existing property
owners will experience a significant increase in taxes and current owners on fixed incomes will
be priced out of their homes due to the increase in taxes. The information written in the letter
sent to residents was unable to be understood by lay people and had to be researched to gain
understanding about what is actually being proposed. The information referenced from the
White House is not relevant, because the White House doesn’t live in our house. The reality is
that the Community and Neighborhood Services is distributed funds for Fannie Mae
mishandling these very areas. The letter needs to be re-written and re-distributed so that
everyone affected can understand.
Teona Williams, 288 E Isabella Ave: The meeting packet says once demolished, they can be
rebuilt at single-family houses which forces residents out of their neighborhoods, reduces the
housing stock, and ultimately drives up the cost of housing which will most likely lead to
gentrification, and that an increase in housing stock which serves to keep housing prices
stabilized, helps to reduce gentrification. I'm not sure if that was a misunderstanding of what
gentrification actually is, or if that was deliberately misleading. So to help us clarify what
gentrification actually is we're going to refer to the Encyclopedia of Housing. Encyclopedia of
Housing defines gentrification as “the process of which Central Urban neighborhoods that have
undergone disinvestment in economic decline experience a reversal reinvestment and in the
migration of relatively well-off middle- and upper-class population.” Within the last 10 years or
so I would say as we Watch Muskegon Go, we have experienced what Strong Towns
recommends as a revitalization of our core Urban neighborhoods, right? So one of the things
that we left out in our summary and even in that book which I've read is the reason why
communities were divested in the first place, which has to do with our history and our
persistent caviars of racism and structural racism. So the bait and switch clicky propaganda that
was sent out, that was misleading as Miss Williams talks about - unclear for people to
understand - it's part of that structural racism, and so my position, because I do see that we
have a beautiful Waterfront, as we see the homes that are going up now that have proximity to
downtown, and that water as being a lucrative opportunity. Let's rewrite history by making it a
lucrative opportunity for all. So the residents that are here now, I propose that if zoning is to
take place, before zoning takes place, that they are there are regulations attached that require
a progressive tax code to be written to allow existing homeowners that may have low income
or middle income or fixed incomes to pay their taxes on a sliding fee. That will increase the
likelihood that as the tax base increase, that they will be able to remain in their neighborhood.
This proposed zoning as written, positions the indigenous residents to be subjected to the will
and morale of the developer. This means whoever has the means to build, will have the
authority to use the homeland of the indigenous residents as his or her Capital Venture
playground, with no obligation to ensure his or her development mitigates the chances of
displacement. Either voluntarily through financial strains, or involuntary as a result of eviction
and foreclosure. So before zoning goes in place, there needs to be attachment regulations that
will position the residents as financial benefactors.
Isaac Hillard, 769 Wesley: The letter sent out is very hard to understand. Requested
clarification on the letter, said that it sounds like the city wants to put duplexes where single
family homes are right now.
Willie German, 1240 Sanford: Stated that he warned the community that the proposed change
was coming. He opposes Form-Based Zoning without a comprehensive plan. Citizens need to
have a say. He stated that the plan to change zoning needs to be well thought out.
Communities cannot build their way out of homelessness. Asked who will be in the areas that
are not desired now. Middle class families will come into the area and pushed out current
residents of color. We need give citizens a better understanding of the proposed changes.
Kenneth Martin, 505 Yuba: Complemented the young people before him, including Willie
German, and was concerned about what he has been seeing on TV. He stated that the
commission should look at individuals in the community first. He witnessed a similar issue in
1967 living at 715 W Clay. Most people that used to live in that area were people of similar
nationality. He stated that he is a 33-year resident of Jackson Hill. He stated the planning
commission was only looking at a fraction of the community that this will affect. He said that
each area should be addressed individually, not grouped together as a whole. He said that the
direction the city is headed is not great for black individuals.
Steve Benedict, Business Address is 1042 Terrace: Graduated from Muskegon High and is a
developer in Marquette neighborhood. He said that he is building one house on Yuba, 1900 ft2.
He is building single family houses that will raise taxes for $280k. He does not receive any
subsidy to build them. He believes that the raise in taxes comes from the millage that was
passed. The houses he builds have about $5k a year in property taxes. He went on to say that
multi-unit properties are not used in comparable home searches used to estimate property
values of single-family homes.
Jeanette Moore, 403 Erickson: She wanted to know if this is the same FBC that LeighAnn
Mikesell came and talked to the neighbors about and will your property taxes go up if you’re
living there already. She stated that she had her house built 20 years ago.
Mike, 342 Catherine: The way he reads the notice of public hearing is that the government
gets to do whatever they want, and the residents have to trust them. He stated that the
government has not proven themselves to be trust worthy. He went on to say that he feels the
variance process should be used to address needs of individual properties. He stated that
meetings should be held in each neighborhood prior to changes. He said that a few years ago,
McLaughlin neighbors said that they were adamantinely against the idea. The Planning
Commission does not know best what is best for this community. He feels this will encourage
absentee landlords that will not live or care about our community. He feels the funding used to
subsidize these big apartment complexes should be available to those who want to build single
family homes.
Rob Ritter, 1472 Jiroch: Stated his neighborhood is a mixed neighborhood. Most
neighborhoods have rental properties. He believes that the proposal will raise every one’s taxes
and housing cost. He believes this will drive people out of neighborhoods.
Marria McIntosh, 644 Jackson: Stated she represents an organization, Threads. 2 years ago, the
same issue was proposed. She stated that the community responded with confusion and
formed a coalition. She stated the issue with the proposal was gentrification. Threads as an
organization seeks to address this issue through homeownership, entrepreneurship, and
impactful community engagement. She stated that the city has never addressed the concerns
of citizens about gentrification. She stated that Threads has 7 points on how to address the
issue. Because of this, she feels that we are in the same place on the topic 2 years later. She
stated that the communities’ request to partner at a ground level, have been met with silence.
She stated that missing middle housing is well above the mark of our residents.
CLOSE PUBLIC HEARING – MOTION
A motion to close the public hearing was made by B. Mazade, supported by J. Montgomery-
Keast and unanimously approved.
MOTION
B. Mazade moved, seconded by E. Hood, to reject/deny the request to rezone all of the properties
zoned R-1, R-2, R-3, and RT in the McLaughlin, Angell, and Jackson Hill neighborhoods to FBC-UR
be recommended to the City Commission for approval.
ROLL CALL VOTE
K. Johnson: Yes B. Mazade: Yes J. Montgomery-Keast: Yes
E. Hood: Yes S. Blake: Yes T. Michalski: Yes
MOTION PASSES
UPDATES ON PREVIOUS CASES
None.
OTHER
None.
ADJOURN
There being no further business, the meeting was adjourned at 5:20 pm.