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CITY OF MUSKEGON
CITY COMMISSION MEETING
May 12, 2026 @ 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. Recognition of Muskegon High School Lady Reds Manager's Office
B. Recognition of Jessica Grimm City Clerk
C. Dangerous Building Enforcement Process Public Safety
☐ PUBLIC HEARINGS:
A. Neighborhood Enterprise Zone Certificates - 312 Edison Ct, 313 Edison Ct,
and 315 Edison Ct Economic Development
B. Neighborhood Enterprise Zone Certificates - 541 Catherine Avenue, 551
Catherine Avenue, and 561 Catherine Avenue. Economic Development
C. Issuance of an Obsolete Property Certificate - 1937 Lakeshore Dr.
Economic Development
D. Brownfield Plan Amendment - Encore at Harbor Theatre, Lakeside
Development Properties, LLC Economic Development
☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Recommendation to Award RFP for Grocery Market Analysis and Needs
Page 1 of 3
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Assessment Economic Development
C. Sale of 1936 Brunswick to Newkirk Electric Planning
D. Big Belly Trash Compactors Contract Renewal DPW- Parks
E. Parks - Toro Mower Purchase DPW- Parks
F. Equipment Division: Purchase of Five (5) 2026 F-250's Public Works
G. Filtration HVAC Service Agreement Public Works
H. Amendment to the Zoning Ordinance - Waterfront Setbacks in FBC, LMR.
Planning
I. Amendment to the Zoning Ordinance - Several Changes to the Form
Based Code Planning
J. Equipment Division: 2026 Ford Explorer Fire Department Public Works
K. Steele Middle School Purchase and Development Agreement Economic
Development
L. Amendment to the Harbor 31 Planned Unit Development (PUD) Planning
M. Purchase of vacant lot at 1338 Arthur for Future Housing Infill Economic
Development
N. SafeBuilt Contract Amendment Public Safety
O. Police Patrol Wage Union Contract Agreement Public Safety
P. Development and Reimbursement Agreement — Encore at Harbor
Theatre, 1937 Lakeshore Dr. Economic Development
Q. Muskegon Farmers Market Grant & Professional Services Authorization
City Clerk
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 779 Yuba Street Public Safety
☐ ANY OTHER BUSINESS:
☐ GENERAL PUBLIC COMMENT:
► 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. ►Limit of
3 minutes to address the Commission.
☐ CLOSED SESSION:
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A. Attorney/Client Communication City Clerk
☐ 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.
[email protected]
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Recognition of Muskegon High School Lady
Reds
Submitted by: Department: Manager's Office
Brief Summary:
Proclamation honoring Muskegon High School Lady Reds Basketball Team
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 4 of 551
CITY OF MUSKEGON
PROCLAMATION
Honoring Muskegon High School Lady Reds Basketball Team
WHEREAS, the Muskegon High School Lady Reds Basketball Team demonstrated extraordinary
determination, resilience, and unity throughout the 2025–2026 season, finishing with an
outstanding 26 - 2 record; and
WHEREAS, the Lady Reds achieved an historic milestone by becoming the first girls basketball
team in Muskegon County to win a Michigan High School Athletic Association state
championship; and
WHEREAS, on March 21, 2026, at the Breslin Center, the Lady Reds rallied from a significant
early deficit to defeat Detroit Renaissance High School 34 - 29 in the Division 1 State
Championship game, demonstrating exceptional grit and perseverance; and
WHEREAS, the team overcame adversity throughout the season, never losing belief and proving
that unity and persistence prevail; and
WHEREAS, this achievement was led by outstanding contributions from senior combo guard
and 2026 Miss Basketball runner-up Mariah Sain; junior center Dy’Nasti Bell; senior point guard
Cece Bonner; and senior Jaila Martin, along with the dedication of their teammates; and
WHEREAS, under the leadership of Head Coach Bernard Loudermill, the team embraced a vision
of excellence, overcoming challenges and growing into champions; and
WHEREAS, the Lady Reds have inspired the Muskegon community, serving as role models and
leaving a legacy of pride, perseverance, and achievement;
NOW, THEREFORE, I, Mayor Kenneth D. Johnson, on behalf of the City of Muskegon, do hereby
recognize and congratulate the Muskegon High School Lady Reds Basketball Team for their
historic season and state championship victory, and I commend them for bringing honorable
distinction and great pride to our community.
I hereby affix my signature this 12th day of May, 2026.
________________________________
Kenneth D. Johnson, Mayor
City of Muskegon, MI
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2025 - 2026 MUSKEGON LADY REDS VARSITY
BASKETBALL
0 Antanique Sargent
1 Timera Hunter
2 Jamiyah Ezell
3 Dajuneek Piggue
4 Camiyah Bonner
5 Amora Hobson
10 Mariah Antionette Sain
11 Kennedi Loudermill
12 Jayla McGhee
20 Lauren Gates
21 Nikyra Briggs
23 Ja'Miyah Franklin
24 Dy'Nasti Bell
30 Jaila Martin
32 Charitee Jones
Head Coach: Bernard Loudermill
Assistant Coaches: Maurice Sain Sr., Juwan Loudermill,
Daz'Sha Day, Jasmond West (Phillips),Calvin Vance
Maurice Sain Jr. AthleticTrainer: Emily Lobsinger
Managers: KayCee Webb and Trevion Johnson
Page 6 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Recognition of Jessica Grimm
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
The Michigan Association of Municipal Clerks is an organization that promotes and educates
Michigan's Clerks. Through the Michigan Profession Municipal Clerk certification program, Clerks are
recognized for their knowledge of the multifaceted Clerk's profession. Through Jessica's commitment
to education and desire to obtain certification, she has obtained her Level One MiPMC certification,
which clearly defines commitment to the Clerk's profession and the City of Muskegon. Please join us
in congratulating Jessica!
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
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Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Dangerous Building Enforcement Process
Submitted by: Steven Stout, Housing Board of Department: Public Safety
Appeals
Brief Summary:
Staff will explain the process of dealing with Dangerous Buildings in the City of Muskegon.
Detailed Summary & Background:
Explaining the process of Investigating Dangerous Buildings and the pathways toward resolution.
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Sec. 10-371 - 10-382
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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5/5/2026
Dangerous Building Enforcement
Process
Step-by-Step Overview from Identification to Resolution
Presented by Steve Stout
Designed by Gabbie Pulos & Steve Stout
City of Muskegon Building Dept.
1
CASE OWNERSHIP & INITIAL NOTICE & ORDER
INITIATION NOTICE
POST-HBA -> CITY HBA MEETING & PRE-HBA PROCESS
COMMISSION OUTCOMES
CITY COMMISSION DEMOLITION
APPEAL PERIOD PERPARATION
DECISION
BILLING & CLOSURE DEMOLITION EXECUTION
2
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1
5/5/2026
Case Initiation:
1. Identify a dangerous building.
2. Take exterior photos.
3. Create a defect list.
If Applicable Notify Historic District Commission (HDC):
1. HDC Meeting
IDENTIFICATION 2. HDC Determination Notice
Ownership & Initial Notice
& 1. Perform a title search to identify all interested parties.
2. Send initial notification to owner(s) with list of defects.
NOTIFICATION 3. Allow 2 weeks to respond.
Notice & Order
1. If there is no response after 2 weeks, we issue a Notice & Order to Repair
or Remove.
2. Timelines:
1. 15 days → Owner must contact the Building Dept. for inspec on.
2. 30 days → Case goes before Housing Board of Appeals if unresolved.
3
Pre-HBA Process
1. If no compliance → send HBA hearing no ce (at least 3 weeks before
meeting).
2. Complete Affidavit of Mailing.
3. Post notice clearly visible on the property.
4. Prepare HBA meeting packet.
HOUSING 5. Submit packet to HBA members ≥10 days in advance.
HBA Meeting & Outcomes
BOARD OF 1. Attend HBA meeting.
2. Issue HBA determination notice.
APPEALS 1. Possible outcomes:
1. Owner agrees to repair:
1. Gets inspection
2. Obtains permits
3. Provides timeline
2. Requests reconsideration from HBA.
2. If no resolu on → proceed toward demoli on
4
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Post-HBA → City Commission
1. Send HBA determination to owner.
2. Schedule City Commission (CC) meeting.
CITY 3. Send 3-week notice to owner.
4. Place item on agenda with City Clerk.
COMMISSION 5. Prepare CC packet.
City Commission Decision
& 1. Attend CC meeting.
2. Issue final determination.
FINAL Appeal Period
DETERMINATION
1. Owner has 21 days to appeal in Circuit Court.
5
Demolition Preparation (if no appeal or after appeal)
1. Send demo bid requests to contractors (~10 days for bids).
2. Handle asbestos:
1. Separate asbestos inspection/company
2. Demo contractor handles it
3. Open bids with city clerk.
4. Award contract to lowest/high bidder.
5. Notify contractor to proceed.
6. Contractor obtains demo permit.
DEMOLITION & Demolition Execution
1. Post notice: owner has 7 days to remove belongings.
COST RECOVERY 2. Perform demolition.
3. Conduct inspections:
1. Cut & cap
2. Final grade
4. Ensure:
1. Site is seeded
2. Sidewalk/curb not damaged
Billing & Closure
1. Invoice demolition costs.
2. Send bill to property owner.
3. Close DB case and permit.
6
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5/5/2026
IMPORTANT ONGOING STIPULATIONS
• All notices must be certified/registered mail.
• Notices must be sent ≥10 days before meetings.
• Determinations are effective upon mailing.
• Notices must be posted on the property.
• Some steps require minimum 30-day waiting periods.
• No permits allowed until after HBA determination (unless granted).
7
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4
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Neighborhood Enterprise Zone Certificates -
312 Edison Ct, 313 Edison Ct, and 315 Edison Ct
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ) certificates for 15 years for
new construction homes at 312 Edison Ct., 313 Edison Ct., and 315 Edison.
Detailed Summary & Background:
Fish Partners LLC has submitted three applications for Neighborhood Enterprise Zone (NEZ) certificates
for the construction of single-family homes at 312, 313, and 315 Edison Ct. 312 and 313 Edison Ct will
each feature three bedrooms and two and a half bathrooms. 315 Edison Ct will feature four
bedrooms and two and a half bathrooms. These proposed homes are located in an existing NEZ
District. The estimated project costs for each of these homes is $575,000. The Neighborhood Enterprise
Zone Act provides for the development and rehabilitation of residential housing located within
eligible distressed communities. Approval of these applications would grant the future property
owners a tax abatement that reduces their property taxes by approximately 50% for up to 15 years.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 close the public hearing and approve Neighborhood Enterprise Zone (NEZ) certificates for
15 years at 312 Edison Ct., 313 Edison Ct., and 315 Edison Ct., and authorize the City Clerk and Mayor
to sign the applications and resolutions.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Public Act 147 of 1992, as amended
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Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 15 of 551
STAKE HOUSE eenstra& Associates, Inc.
CIVIL ENGINEERS & SURVEYORS
3145 Prairie St SW Phone: 616.457.7050
Grandville, MI 49418 www.feenstrainc.com
LEGEND
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Page 16 of 551
PO Box 110 • Comstock Park, MI 49321 • Phone: 616-874-7085 • Fax: 616-874-7885
Henrickson Architecture
Phone: 616-458-5554
Job Address:
312 Edison Court
Muskegon, MI 49440
Print Date: 12-26-2025
312 Edison Court Home Specifications
General Requirements - Permits/Fees/Soft Cost
- Building Permits - Construction Staking - Job Trailers - Port A Jon
- Soil Erosion Permits - Surveying - Office Supplies - Dumpsters
- Tap Fees - Testing - Realtor Fees - Small Tool Rental
- Architectural Design - Temp Weather Protect - Legal - Special Testing
- Temporary Gas - Interior Protection - Engineering Fees - Blueprints
- Temporary Electric - Res Check Energy Calculation - Ext. Window Clean - Safety
- Temporary Winter Heat - Trailer Utilities - Water & Sewer Hook Ups - Closeout
- Snowplowing - Equipment Rental - Fencing/Barricades - Daily Clean
-Technology - Notice of Commence - Soft Cost Interest - Final Clean
- Soil Erosion Controls - Soft Costs Legal - Soft Costs Architectural & Engineering
Water & Sewer Hook Up/Septic System
Excavating/Grading
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Excavating and Grading includes:
- The building site will be excavated to a sufficient depth to facilitate the construction of the New Home at the elevation shown on the plan
- Exterior Finish - Builder will clear the building site of construction debris and provide positive drainage away from the foundation of the New
Home as required by applicable building codes.
- Strip Topsoil from Building Area
- Excavate for foundation
- Backfill foundations with excavated soils
- Import up to 50 CY of sand per Home to estimate the finished grade
- Install 4" SCH40 Seer from 6" stub to inside house under footing
- Install 1" Copper water service from curb stop to 12" above floor in utility closet
- Install Silt Fence around work site
Footing/Foundation
Footing/Foundation Includes:
- Type of footings & foundation: Concrete
- Vapor barrier: Spray a tack coat of Nitra Core to the foundation walls and immediately embed the base fabric into the material.
- Spray apply 60 mils DFT of the NitraCore over the fabric.
- Apply a protective layer of Land Science Bond over the entire area.
- Sump Crock: N/A
- Sump Pump: N/A
Concrete Drive/Walk
- Driveway: approx. 22' Width x 24' Depth Finish: Broom
- Garage Approach: N/A Finish: N/A
- Front walk: approx. 3.5' Width x 38' Depth Finish: Broom
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- Back Patio: approx. 22' Width x 10' Depth Finish: Broom
- Porch: Per Print Finish: Smooth
- City Sidewalk: N/A Finish: N/A
- Stoop: N/A Finish: N/A
- 1 1/2 Foam under concrete floor
- 1 1/2 Foam around exterior walls
Masonry
N/A
Rough Carpentry
Includes the following for Rough Carpentry material and labor:
- Exterior Walls/Plate Height: 2x4 / 9’ Main Level, 9' Second Level
- Interior Walls/Plate Height: 2x4 / 9’ Main Level, 9' Second Level
- Sub-floor Material: ¾” OSB
- floor structure: 11 7/8 I Joist
- Exterior Sheathing: Zip Panels 7/16” OSB with integrated vapor barrier
Deck Material and Labor Include:
- Floor Structure: Green Pressure Treated material per the plan
- Deck Flooring: Azek Composite Decking Color: Silver Maple per the plan
- Deck Railing System:
Windows/Exterior Doors
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Windows include the following:
- Window Manufacturer/Model: NorthStar Black Ext./ Black Int. Vinyl 1000 Series per plan
- Style: Fiberglass - Double Hung & Fixed windows with screens per plan
- Screen doors: Slider’s only
Exterior Doors included the following :
- Hinges: Brushed Nickel
- one (1) Milliken Primed Fiberglass Front Door: Style FG-59 one panel with one lite clear glass window: color Black
- one (1) Milliken Steel service door from the garage to home: Style MJ-1 flush panel: color Pure White
- two (2) NorthStar Black Vinyl slider with screen from the family room to patio and dining room to deck
Plumbing
installation of the following:
- Water supply: Public Water
- Plumbing Fixtures (Sinks/Faucets/Drains, Toilets/Seats, shower/tubs, sinks/strainers, shower fixtures/drains): Samples in Portfolio at the end of
this contract.
- Kitchen Garbage Disposal: yes, (1) InSinkErator Badger 5
- All water supply lines to be Copper & PEX
- Water Softener: N/A
- Water Softener Loop: N/A
- Waste disposal: Public Sewer
- All waste disposal lines to be PVC
- Hot water heater Manufacturer/Model: 50 Gallon Electric Water Heater -Bradford White RE250T61NCWW264
- Master Bath shower heads: (1) shower head Sample in Portfolio.
- Outside water faucets: yes (2) one on the left side of the home and the other on the right side of the home.
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- Water stops/shutoffs: yes (1) at the main water supply.
- Garbage disposal switch: Chrome Air Switch Button
- Hot & Cold Spigot in Garage: N/A
HVAC
Installation of the following:
- Gas Supply: yes
- Gas Outlets:
(a) Dryer: yes
(b) Furnace: yes
(c) Range/Oven: yes
(d) Water Heater: no
- Furnace Name/Model: (1) 95% Efficient Amana Furnace
- Zones: (1)
- Air-conditioning: (1) 2.5 Ton Amana
- Humidifier: Aprilaire 600M
- Air Cleaner: 1” Standard Pleated Filter.
- Thermostat(s): (1) Programmable Digital Honeywell T4 Pro Series
- Fireplace(s): Manufacturer/Model: N/A
- Rooftop Deck: N/A
- Vents: (1) Dryer
- Exhaust Fans:
(a) Bath: (3) 2- exhaust fan/light comb fan, 1-continuous run with motion detector per electrical plan
(b) Kitchen: (1) microwave above range
Electrical
- The location of all interior and exterior light fixtures and switches to be installed per code and shall be shown on the Electrical Plan.
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- Exterior Receptacles: (1) on the front porch, and (1) on the Patio
- Type of electrical service: underground
- Main Service breaker box: 150 Amp
- Type of electrical receptacles: Standard white
- Type of switches: Standard white toggle switch
- No dimmers, Decora or Rocker are included unless otherwise specified.
- Special High voltage wiring (check if applicable):
(a) Stove - No (g) Jetted Soaking Tub - No
(b) Fireplace - No (h) Dryer - No
(c) Cooktop - No (i) Oven/Double Over - No
(d) Heat Pump - No (j) Water Heater - Yes
(e) Pool Room - No (k) Automatic Generator - No
(f) Hot Tub - No
- Special low voltage wiring (check if applicable):
(a) Doorbell- Yes
(b) Under Cabinet Kitchen lights- No
- Garage door opener: (1)
- Telephone outlets: (1)
- Television outlets: (2)
- Home Media: N/A
- Smoke Detector(s): yes and carbon monoxide detectors per code
- Fireplace Blower: N/A
- Computer Wiring: N/A
Insulation
Home insulation includes:
- Main sidewalls: Open cell Spray Foam 3.25"
- Basement sidewalls: N/A
- Ceiling insulation: 12 Inch of loose fill cellulose an r-50 value
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Garage insulation Includes:
- Ceiling insulation: open cell spray foam 8 inch
- Firewall adjoining the home and garage: R-13 Batts Kraft Faced
- Sidewalls: R-13 Fiberglass
Drywall
Home drywall includes:
- Walls: 1/2 Drywall Finished at a level 4
- Corner Bead: square
- Ceiling: 5/8" Drywall with a light textured finish.
Garage drywall includes:
- Firewall adjoining the home: 5/8" drywall with 1 coat fire tape
- Ceiling: 5/8" Drywall with 1 coat fire tape
- Sidewalls: 1/2 Drywall with 1 coat fire tape
Finish Carpentry
- Interior door (type and material): Milliken Doors Hollow: Madison (one panel). MDF Pre-primed. Painted Pure White
- Door Trim/Casing (style and material): Style B Flush 1x4 Eased Edge MDF. Painted Pure White
- Base Board Trim (style and material): Style B 1X6 Eased Edge MDF. Painted Pure White
- Window Trim/Casing(Style & material):
(a) Casing: Style B Flush 1x4 Eased Edge MDF. Painted Pure White
(b) Extension Jambs: 1x4 poplar (finger jointed). Pre-primed. Painted Pure White
- Stairs/ Custom Built-ins Pre Engineered:
(a) Treads: 3/4" OSB
(b) Risers: 3/4" OSB
(c) Side Skirt Boards: Pre-primed MDF 1x10 - Painted Pure White
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(d) Handrail: Wall Mounted LJ Smith 6010 – Poplar- Painted Black
(e) Bathroom Mirrors: All Bathroom Mirrors are cased out with MDF 1x4 painted to match interior trim finish.
- Garage Finish Trim: N/A
Interior Painting
- (2 CHOICE OF WALL COLORS, 1 CHOICE OF TRIM COLOR)
$200.00 per extra color selection. Dark colors may need the extra cost of paint and will need to be priced separately from the paint contractor.
(a) Interior wall: one (1) coat of primer and two (2) coats of wall paint; color: Repcolite - Hallmark Matte Finish-Color Drift of Mist SW9166
& Ususual Gray SW7059. see diagram for location
(b) Interior trim: two (2) coats of trim paint; Color: Repcolite- Scuff X Satin Finish-Color Pure White
(c) Handrail trim: two (2) coats of trim paint; Color: Repcolite- Scuff X Satin Finish-Color Pure White
(d) Garage Finish Paint: N/A
Siding/Roofing/Gutter
Siding includes the following:
- Siding: Vinyl, CertainTeed Monogram - (standard stock premium color) Choice of Samples selected by the Viridian Shore Architectural
Community that is displayed in the showroom (.042) Dble 4" Lap Siding per plan. Color: Seagrass and Sterling Gray. See diagram for location
- Shake: N/A
- Board & Batten: N/A
- Exterior Trim: LP Smart - 1x6 on All doors, windows, and outside corners.
- Front Porch Beam & Columns: N/A
- Front Porch Soffit (ceiling): N/A
- Fasica & Soffit (eves): Aluminum 6" Fascia, Aluminum Triple 4" Soffit, Color White (fasica), Black (soffit)
Roofing Includes the following:
- CertainTeed Landmark 25 year Dimensional Shingles with xt-25 cap shingles (choice of samples displayed in the showroom) Color: Black
- Pitch of the roof: 4 /12
- Synthetic Felt - rhino or equal
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- Underlay: two (2) course ice/water shield, iko storm-shield or equal synthetic 15lbs. felt
- Drip Edge: Aluminum, Color: Black
- Metal: N/A
Gutters system to be installed with 5” seamless (.027) Aluminum gutters, (.019) 2”x3” Downspouts with hidden fasteners Color White (Does not
include drain tile and pop up drains)
Exterior Painting
- two (2) coats of benjamin Moore Ultra Spec, Finish - Satin, Color: to match surrounding vinyl siding
Overhead Garage Door
Overhead Garage Door Includes:
- Type of garage doors: Clopay modern steel model 4308
Style - Modern Flush Panel w/ Contempoary windows inserts (slim 37" x 8" frosted w/black frame)
Size - (1) Black 16’x8’.
Openers: Lift Master 8165. ½ hp, (1) 8’ Chain Driven with (2) wireless remotes.
Allowances
3141 - Electrical Fixtures Allowance
Fixtures included: All Pendant lights, Flush Mount, Semi-flush mount, Chandelier, Wall mounts, Exterior hanging, Ceiling fans, and Bathroom
Vanities
7005 - Flooring/Tile Coverings Allowance
Flooring/Tile covers include:
- Cali Builder Choice LVP, Color: Gray Ash - Great Room, Dining Room, Kitchen, Foyer, Powder Room, Laundry, Bath #2, Family, Room Mech.
Room
- Dreamweaver Finishing Touch Carpet Color: Seaside Cliff 2843 - Primary Bed, WIC, staircase, bed #2, bed #3
- DaTile 3x12 Color: Desert Matte with Tec Sterling grout - kitchen splash
- Design Positive Gloss 8x20 White Tile (vertical) with Tec Sterling grout - primary shower (not including the ceiling) in a brickset pattern and
2x2 square white tile floor
Please see attached portfolio.
7006 - Cabinets Allowance
Cabinets Includes:
- Kitchen - Homecrest Maple, Color: Wren
- Primary Bath - Homecrest Maple, Color: Wren
- Bath #2 - Homecrest Maple, Color: Wren
- Laundry - N/A
- powder bath - Homecrest Maple, Color: Wren
7007 - Countertops Allowance
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Counter Tops Includes:
- Kitchen - Quartz Level 1 - Color: Obsidian Night
- Primary Bath - Quartz Level 1 - Color: Alabaster glow with 4" extruded backsplash
- Bath #2 - Quartz Level 1 - Color: Alabaster glow with 4" extruded backsplash
- powder bath - Quartz Level 1 - Color: Alabaster glow with 4" extruded backsplash
- Laundry: N/A
7009 - Hardware Allowance
Hardware Includes:
- Interior & Exterior Door Knobs
- cabinet pulls/knobs
- hinge stops
- Towel Bars
- Toilet Paper Holders
- House Address Numbers
7011 - Closet Shelving Allowance
Shelving Includes:
- Melamine - Owner's suite WIC
- Wire shelving -throughout the rest of the home
for All Closets/Storage/Linen Shelves
7013 - Appliances Allowance
Appliances includes:
(a) Range/oven: Whirlpool WEG51550LS
(b) Microwave: Whirlpool WMH31017HS
(c) Dishwasher: Whirlpool WDF520PADM
(d) Refrigerator/freezer: Whirlpool WRF535SWHZ
(e) Washer/Dryer: N/A
5620 - Shower doors Allowance
Primary Shower - Euro Clear Glass Door/Panel with Chrome Hardware
7016 - Landscaping Allowance
Select from the three (3) pre-approved Architectural Committee Landscaping Plans
HOMEOWNER IS RESPONSIBLE FOR ALL ITEMS they PURCHASED FROM ANY SUPPLIER OTHER THAN THRU BUILDER. BUILDER IS NOT
RESPONSIBLE FOR ANY DAMAGES, THEFT, WARRANTIES ON ANY PRODUCTS NOT PURCHASED THRU THE BUILDER. THUS INCLUDES
DURING COURSE OF CONSTRUCTION, DELIVER OR/AND INSTALLATION OF ALL PRODUCTS. OWNER IS RESPONSIBLE FOR ALL PICKUPS,
DELIVERIES, AND RETURNS. BUILDER IS NOT RESPONSIBLE FOR ANY DAMAGES CAUSED TO THE HOME IN THE RESULT OF ANY
MALFUNCTIONS OF THE PRODUCT AND OR INSTALLATION. BUILDER IS NOT RESPONSIBLE FOR ANY LABOR COST TO RECTIFY THE
DAMAGES.
PLEASE NOTE: Excavation and Construction will not start until all selections have
been signed for approval.
Final certificate of occupancy permits will not be given to the homeowner to
move in until the builder has received final payment for all bank sworn
statements and change orders.
Page 26 of 551
I confirm that my action here represents my electronic signature and is binding.
Signature:
Date:
Print Name:
Page 27 of 551
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4/14/26, 5:10 PM about:blank
Muskegon County Property Report - 312 Edison
Area of Interest (AOI) Information
Area : 1,188.11 ft²
Apr 14 2026 17:09:38 Eastern Daylight Time
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4/14/26, 5:10 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 2 2,376.22 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
61-24-840- 301 EDISON
1 24 3.36 0.00 301 No Data MUSKEGON
000-0000-00 CT
61-24-840- 312 EDISON
2 24 0.03 0.10 312 No Data MUSKEGON
000-0028-00 COURT
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
VIRIDIAN 2325
SHORES BELMONT
1 MI 49440 No Data No Data BELMONT MI
LAND CO CENTER DR
LLC NE
FISH
3045 RIDGE GRAND
2 MI 49440 PARTNERS No Data No Data MI
PORT NW RAPIDS
LLC
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Non-
Assessable
1 49306 0.00 0.00 0.00 0 6 61010
Permanent
Reference
Residential -
2 49544 39,300.00 39,300.00 39,300.00 0 401 61010
Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
REFERENCE PARCEL
MUSKEGON CITY
1 PUD VIRIDIAN SHORES DRAIN 1,188.11
SCHOOL DIST
L/P 4311/309
CITY OF MUSKEGON
MUSKEGON CITY VIRIDIAN SHORES UNIT
2 R 1,188.11
SCHOOL DIST 28 VIRIDIAN SHORES
DRAIN L/P 4311/309
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 2/2
Page 31 of 551
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Fish Partners LLC to construct a new home at 312 Edison Ct. in the Jackson Hill
neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Fish Partners LLC be approved.
Adopted this 12th day of May, 2026.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 32 of 551
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
May 12, 2026.
By: ________________________
Ann Meisch
City Clerk
Page 33 of 551
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Fish Partners LLC to construct a new home at 313 Edison Ct. in the Jackson Hill
neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Fish Partners LLC be approved.
Adopted this 12th day of May, 2026.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 34 of 551
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
May 12, 2026.
By: ________________________
Ann Meisch
City Clerk
Page 35 of 551
4/14/26, 5:11 PM about:blank
Muskegon County Property Report - 313 Edison
Area of Interest (AOI) Information
Area : 1,188.11 ft²
Apr 14 2026 17:11:20 Eastern Daylight Time
about:blank 1/2
Page 36 of 551
4/14/26, 5:11 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 2 2,376.22 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
61-24-840- 301 EDISON
1 24 3.36 0.00 301 No Data MUSKEGON
000-0000-00 CT
61-24-840- 313 EDISON
2 24 0.03 0.10 313 No Data MUSKEGON
000-0029-00 COURT
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
VIRIDIAN 2325
SHORES BELMONT
1 MI 49440 No Data No Data BELMONT MI
LAND CO CENTER DR
LLC NE
FISH
3045 RIDGE GRAND
2 MI 49440 PARTNERS No Data No Data MI
PORT NW RAPIDS
LLC
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Non-
Assessable
1 49306 0.00 0.00 0.00 0 6 61010
Permanent
Reference
Residential -
2 49544 39,300.00 39,300.00 39,300.00 0 401 61010
Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
REFERENCE PARCEL
MUSKEGON CITY
1 PUD VIRIDIAN SHORES DRAIN 1,188.11
SCHOOL DIST
L/P 4311/309
CITY OF MUSKEGON
MUSKEGON CITY VIRIDIAN SHORES UNIT
2 R 1,188.11
SCHOOL DIST 29 VIRIDIAN SHORES
DRAIN L/P 4311/309
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 2/2
Page 37 of 551
Page 38 of 551
Page 39 of 551
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4/14/26, 5:13 PM about:blank
Muskegon County Property Report - 315 Edison
Area of Interest (AOI) Information
Area : 1,188.15 ft²
Apr 14 2026 17:13:17 Eastern Daylight Time
about:blank 1/2
Page 42 of 551
4/14/26, 5:13 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 2 2,376.30 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
61-24-840- 301 EDISON
1 24 3.36 0.00 301 No Data MUSKEGON
000-0000-00 CT
61-24-840- 315 EDISON
2 24 0.03 0.10 315 No Data MUSKEGON
000-0030-00 COURT
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
VIRIDIAN 2325
SHORES BELMONT
1 MI 49440 No Data No Data BELMONT MI
LAND CO CENTER DR
LLC NE
FISH
3045 RIDGE GRAND
2 MI 49440 PARTNERS No Data No Data MI
PORT NW RAPIDS
LLC
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Non-
Assessable
1 49306 0.00 0.00 0.00 0 6 61010
Permanent
Reference
Residential -
2 49544 39,300.00 39,300.00 39,300.00 0 401 61010
Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
REFERENCE PARCEL
MUSKEGON CITY
1 PUD VIRIDIAN SHORES DRAIN 1,188.15
SCHOOL DIST
L/P 4311/309
CITY OF MUSKEGON
MUSKEGON CITY VIRIDIAN SHORES UNIT
2 R 1,188.15
SCHOOL DIST 30 VIRIDIAN SHORES
DRAIN L/P 4311/309
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 2/2
Page 43 of 551
STAKE HOUSE eenstra & Associates, Inc.
CIVIL ENGINEERS & SURVEYORS
3145 Prairie St SW Phone: 616.457.7050
Grandville, MI 49418 www.feenstrainc.com
LEGEND
ED
ISO
N CT
CO
CO
29
30
EX
ST-3
UG
-E
UG
-T
UG
-E
UG
-T
Page 44 of 551
12/24/25, 12:07 PM Buildertrend
PO Box 110 • Comstock Park, MI 49321 • Phone: 616-874-7085 • Fax: 616-874-7885
Job Address:
315 Edison Court
Muskegon, MI 49440
Print Date: 12-24-2025
315 Edison Court Home Specifications
General Requirements - Permits/Fees/Soft Cost
- Building Permits - Construction Staking - Trailers - Port A Jon - Soil Erosion Permits
- Surveying - Office Supplies - Dumpsters - Tap Fees - Realtor Fees
- Architectural Design - Temp Weather Protect - Legal - Special Testing - Temporary Gas
- Interior Protection - Engineering Fees - Blueprints - Temporary Electric - Final Clean
- Safety - Water & Sewer Hook Ups -Technology - Ext. Window Clean - Daily Clean
- Snowplowing - Equipment Rental - Closeout - Fencing/Barricades - Trailer Utilities
- Notice of Commence - Soil Erosion Controls - Soft Costs Legal - Temporary Winter Heat
- Soft Costs, Architectural & Engineering - Res Check Energy Calculation
Water & Sewer Hook Up/Septic System
Excavating/Grading
Excavating and Grading Includes:
- The building site will be excavated to a sufficient depth to facilitate the construction of the New Home at the elevation shown on the plan
- Exterior Finish - The builder will clear the building site of construction debris and provide positive drainage away from the foundation of the
New Home as required by applicable building codes.
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- Strip Topsoil from Building Area
- Excavate for foundation
- Backfill foundations with excavated soils
- Import up to 50 CY of sand per Home to estimate the finished grade
- Install 4" SCH40 Seer from 6" stub to inside house under footing
- Install 1" Copper water service from curb stop to 12" above floor in utility closet
- Install Silt Fence around work site
Footing/Foundation
Footing/Foundation Includes:
- Type of footings & foundation: Concrete
- Vapor barrier: Spray a tack coat of Nitra Core to the foundation walls and immediately embed the base fabric into the material.
- Spray apply 60 Mils DFT of NitraCore over the fabric
- Apply a protective layer of Land Science Bond over the entire area
- Sump crock: N/A
- Sump Pump: N/A
Concrete Drive/Walk
- Driveway: approx. 22' Width x 24' Depth Finish: Broom
- Garage Approach: N/A Finish: N/A
- Front walk: approx. 3.5' Width x 38' Depth Finish: Broom
- Back Patio: approx. 22' Width x 12' Depth Finish: Broom
- Porch: Per Print Finish: Smooth
- City sidewalk: N/A Finish: N/A
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- Stoop at 4 Season room: N/A Finish: N/A
- Floor Drain: No
Masonry
N/A
Rough Carpentry
Rough Carpentry material and labor include:
- Exterior Walls/Plate Height: 2x4 / 9’ Main Level, 2x4 / 9' Second Level
- Interior Walls/Plate Height: 2x4 / 9’ Main Level, 2x4 / 9' Second Level
- Sub-floor Material: ¾” OSB
- floor structure: 11 7/8 I Joist
- Exterior Sheathing: Zip Panels 7/16” OSB with integrated vapor barrier
Deck material and labor include:
- Floor Structure: N/A
- Deck Flooring: N/A
- Deck Railing System: N/A
Windows/Exterior Doors
Windows Includes:
- Window Manufacturer/Model: NorthStar Black Ext./Black Int. Vinyl 1000 Series per plan
- Style: Vinyl - Double Hung & Fixed windows with screens per plan
- Screen doors: Sliders only
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Exterior Doors Includes:
- Hinges; Brushed Nickel
- one (1) Milliken Primed Fiberglass (1) Front Door: Style FG-59 one panel with one lite clear glass window: Color Black
- one (1) Milliken Steel service door from the garage to the home: Style BC-1 flush panel: color Pure White
- one (1) NorthStar Black Vinyl slider with screen from the living room to the patio
Plumbing
Installation Includes:
- Water supply: Public Water
- Plumbing Fixtures (Sinks/Faucets/Drains, Toilets/Seats, shower/tubs, sinks/strainers, shower fixtures/drains): Samples in Portfolio at the end of
this contract.
- Kitchen Garbage Disposal: yes, (1) InSinkErator Badger 5
- Water supply lines: Copper & PEX
- Water Softener: N/A
- Water Softener Loop: N/A
- Waste disposal: Public Sewer
- All waste disposal lines to be PVC
- Hot water heater Manufacturer/Model: 50 Gallon Electric Water Heater - Bradford White RE250T61NCWW264
- Primary Bath shower head: (1) shower head Sample in Portfolio.
- Lower Level Bar Sink: N/A
- Laundry Sink and Faucet: N/A
- Dog Wash with Faucet: N/A
- Outside water faucets: yes (2) one on the left side of the home and the other on the right side of the home.
- Water stops/shutoffs: yes (1) at the main water supply.
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- Garbage disposal switch: Chrome Air Switch Button
- Hot & Cold Spigot in Garage: N/A
HVAC
Installation Includes:
- Gas Supply: yes
- Gas Outlets:
(a) Dryer: yes
(b) Furnace: yes
(c) Range/Oven: yes
(d) Water Heater: no
- Furnace Name/Model: (1) 95% Efficient Amana furnace
- Zones: (1)
- Air-conditioning: (1) 2.5 Ton Amana
- Humidifier: Aprilaire 600M
- Air Cleaner: 1” Standard Pleated Filter.
- Thermostat(s): (1) Programmable Digital Honeywell T4 Pro Series
- Fireplace(s): Manufacturer/Model: N/A
- Rooftop Deck: N/A
- Vents: (1) Dryer
- Exhaust Fans:
(a) Bath: (3) 2-exhaust fans/light comb, 1-continuous run with motion detector per electrical plan
(b) Kitchen: (1) yes, microwave above range.
Electrical
Installation Includes:
- The location of all interior and exterior light fixtures and switches to be installed per code and shall be shown on the Electrical Plan.
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- Exterior Receptacles: (1) on the front porch, and (1) on the Patio
- Type of electrical service: underground
- Main Service breaker box: 150 Amp
- Type of electrical receptacles: Standard white
- Type of switches: Standard white toggle switch
- No dimmers, Decora or Rocker are included unless otherwise specified.
- Special High voltage wiring (check if applicable):
(a) Stove - No (g) Jetted Soaking Tub - No
(b) Fireplace - No (h) Dryer - No
(c) Cooktop - No (i) Oven/Double Over - No
(d) Heat Pump - No (j) Water Heater - Yes
(e) Pool Room - No (k) Automatic Generator - No
(f) Hot Tub - No
- Special low voltage wiring (check if applicable):
(a) Doorbell- Yes
(b) Under Cabinet Kitchen lights- No
- Garage door opener: (1)
- Telephone outlets: (1)
- Television outlets: (2)
- Home Media: N/A
- Smoke Detector(s): yes and carbon monoxide detectors per code
- Fireplace Blower: N/A
- Computer Wiring: N/A
Insulation
Home insulation includes:
- Main sidewalls: Open cell Spray Foam 3.25"
- Basement sidewalls: N/A
- Ceiling insulation: 12 inch of loose fill cellulose an r-50 value
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Garage insulation includes:
- Ceiling insulation: Open cell spray foam 8 inch
- Firewall separation between home and garage: R-13 Batts Kraft Faced
- Sidewalls: R-13 Fiberglass
Drywall
Home drywall Includes:
- Walls: 1/2" Drywall with a level 4 finish
- Corner Bead: Square
- Ceiling: 5/8" Drywall with a lightly textured finish.
Garage drywall includes:
- Firewall separation between home and garage: 5/8" drywall with 1 coat fire tape
- Ceiling: 5/8" Drywall with 1 coat fire tape
- Sidewalls: 1/2" Drywall with 1 coat fire tape
Finish Carpentry
- Interior door (style and material): Milliken Doors Hollow: Madison (one panel). MDF Pre-primed. Painted Pure White
- Interior Door Hinges: Brushed Nickel
- Door Trim/Casing (style and material): Style B Flush, 1x4 Eased Edge MDF. Painted Pure White
- Base Board Trim (style and material): Style B, 1X6 Eased Edge MDF. Painted Pure White
- Window Trim/Casing (style and material):
(a) Casing: Style B Flush, 1x4 Eased Edge MDF. Painted Pure White
(b) Extension Jambs: 1x4 poplar (finger jointed). Pre-Primed. Painted Pure White
- Stairs/ Custom Built-ins Pre-Engineered:
(a) Treads: 3/4" OSB
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(b) Risers: 3/4" OSB
(c) Side Skirt Boards: Pre Primed MDF 1x10 - Painted Pure White
(d) Handrail: Wall Mounted LJ Smith 6010 – Painted Black
(e) Bathrooms Mirrors - All Bathroom mirrors are cased out with MDF 1x4 painted to match interior trim finish.
- Garage Finish Trim: N/A
Interior Painting
- (2 CHOICE OF WALL COLORS, 1 CHOICE OF TRIM COLOR)
- $200.00 per extra color selection. Dark colors may need extra coats of paint and will need to be priced separately from the paint contractor.
(a) Interior wall: one (1) coat of primer and two (2) coats of wall paint; Color: Repcolite- Hallmark Matte Finish-Color Big Chill SW7648 &
Garret Gray SW6075. see diagram for locations
(b) Interior trim: two (2) coats of trim paint; Color: Repcolite- Scuff X Satin Finish-Color Pure White
(c) Handrail Trim Color: Interior trim: two (2) coats of trim paint; Color: Repcolite- Scuff X Satin Finish-Color Pure White
(d) Garage Finish Paint: N/A
Siding/Roofing/Gutter
Siding Includes:
- Siding: Vinyl, CertainTeed Monogram - (Standard Stock Premium Color) Choice of Samples selected by the Viridian Shore Architectural
Community that is displayed in the showroom (.042) Dble 4" Lap Siding per plan. Color: Linen and Sable. See diagram for location
- Shakes: N/A
- Board & Batten: N/A
- Exterior Trim: LP Smart - 1x6 on All doors, windows, and outside corners.
- Front Porch Beam & Columns: N/A
- Front Porch Soffit (ceilings): N/A
- Fasica & Soffit (eves): Aluminum 6" fascia, Aluminum Triple 4" Soffit, Color White (fasica), Black (soffit)
Roofing Includes:
- CertainTeed Landmark 25 year Dimensional shingles with xt-25 cap shingles (Choice of samples displayed in the showroom) Color: Black
- Pitch of the roof: 4/12"
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- Synthetic felt - rhino or equal
- Underlay: two (2) course ice/water shield, iko storm-shield or equal Synthetic 15lbs. felt
- Drip Edge: Aluminum, Color: Black
- Metal: N/A
Gutters system to be installed with 5” seamless (.027) Aluminum gutters, (.019) 2”x3” Downspouts with hidden fasteners Color: White (Does not
include drain tile and pop up drains)
Exterior Painting
- two (2) coats of Benjamin Moore Ultra Spec, Finish - Satin, Color: to match surrounding vinyl siding
Overhead Garage Door
Overhead Garage Door Includes:
- Type of garage doors: Clopay modern steel model 4308
Style - Modern Flush Panel w/Contemporary windows inserts (slim 37" x 8" frosted w/black frame)
Size - (1) Black 16’x8’.
Openers - Lift Master 8165. ½ hp, (1) 8’ Chain Driven with (2) wireless remotes.
Allowances
3141 - Electrical Fixtures Allowance
Fixtures included: All Pendant lights, Flush Mount, Semi-flush mount, Chandelier, Wall mounts, Exterior hanging, Ceiling fans, and Bathroom
Vanities
7005 - Flooring/Tile Coverings Allowance
Flooring/Tile covers include:
- Cali Builder Choice LVP: Color Thornwood - Great Room, Dining Room, Kitchen, Foyer, Powder Room, Laundry, Hall Bath, Mech. Room
- Dreamweaver Finishing Touch Carpet: Color North Star 2852 - owner's suite, WIC, staircase, bed #2, bed #3, Bed #4 Loft
- DalTile 3x12 Color White Glossy with Tec Silverado grout - kitchen splash
- Design Positive Gloss 8x20 White Tile (vertical) with Tec Silverado grout- primary shower (not including the ceiling) in a brickset pattern and
2x2 square white tile floor
7006 - Cabinets Allowance
Cabinets Includes:
- Kitchen - Homecrest, Painted. Color: Iceberg
- Primary Bath - Homecrest, Painted. Color: Iceberg
- Bath #2 - Homecrest, Painted. Color: Iceberg
- Laundry - N/A
- powder bath - Homecrest, Painted. Color: Iceberg
7007 - Countertops Allowance
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p
Counter Tops Includes:
- Kitchen - Granite - Color: Antique White
- Primary Bath - Quartz - Color: Willow White with 4" extruded backsplash
- Bath #2 - Quartz - Color: Willow White with 4" extruded backsplash
- powder bath - Quartz - Color: Willow White with 4" extruded backsplash
- laundry - N/A
7009 - Hardware Allowance
Hardware Includes:
- Interior & Exterior Door Knobs
- Towel Bars
- Toilet Paper Holders
- House Address Numbers
- Cabinet Pulls/Knobs
- Hinge Stops
7011 - Closet Shelving Allowance
Shelving Includes:
- Melamine - Owner's suite WIC
- Wire shelving -throughout the rest of the home.
for All Closets/Storage/Linen Shelves
Please see attached portfolio.
7013 - Appliances Allowance
Appliances includes:
(a) Range/oven: Whirlpool WEG51550LS
(b) Microwave: Whirlpool WMH31017HS
(c) Dishwasher: Whirlpool WDF520PADM
(d) Refrigerator/freezer: Whirlpool WRF535SWHZ
(e) Washer/Dryer: N/A
5620 - Shower doors Allowance
Primary Shower - Euro Clear Glass Door/Panel with Chrome Hardware
7016 - Landscaping Allowance
Select from the three (3) pre-approved Architectural Committee Landscaping Plans
3131 - Plumbing Allowance
Fixtures Include:
Fiberglass Tubs/ Showers, Valves, Valve Trim, Sinks, Faucets, Toilets, and Sink Drains.
Note: plumbing fixtures that are not purchased through the plumber will not be warranted.
HOMEOWNER IS RESPONSIBLE FOR ALL ITEMS they PURCHASED FROM ANY SUPPLIER OTHER THAN THRU BUILDER. BUILDER IS NOT
RESPONSIBLE FOR ANY DAMAGES, THEFT, WARRANTIES ON ANY PRODUCTS NOT PURCHASED THRU THE BUILDER. THUS INCLUDES
DURING COURSE OF CONSTRUCTION, DELIVER OR/AND INSTALLATION OF ALL PRODUCTS. OWNER IS RESPONSIBLE FOR ALL PICKUPS,
DELIVERIES, AND RETURNS. BUILDER IS NOT RESPONSIBLE FOR ANY DAMAGES CAUSED TO THE HOME IN THE RESULT OF ANY
MALFUNCTIONS OF THE PRODUCT AND OR INSTALLATION. BUILDER IS NOT RESPONSIBLE FOR ANY LABOR COST TO RECTIFY THE
DAMAGES CAUSED BY ITEMS SUPPLIED BY HOMEOWNER.
PLEASE NOTE: Excavation and Construction will not start until all selections have
been signed for approval.
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Final certificate of occupancy permits will not be released to the homeowner to
move in until the builder has received final payment for all sworn statements and
change orders.
I confirm that my action here represents my electronic signature and is binding.
Signature:
Date:
Print Name:
https://buildertrend.net/app/Estimate/8462207/Print
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551
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Fish Partners LLC to construct a new home at 315 Edison Ct. in the Jackson Hill
neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Fish Partners LLC be approved.
Adopted this 12th day of May, 2026.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 56 of 551
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
May 12, 2026.
By: ________________________
Ann Meisch
City Clerk
Page 57 of 551
WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS: That ViridianShores Land Co., LLC, a Michigan limited
liability
company
whose address is 112 W Jefferson Blvd.,Suite 200, South Bend, IN 46601
Convey(s) and Warrant(s) to Fish Partners LLC, a Michigan limited liability
company
whose address is: 3045 Ridge Port NW, Grand Rapids, MI 49544
the following described premises situated in the City of Muskegon, County of Muskegon and State of
Michigan, to-wit:
Units 13, 28, 29, 30, ViridianShores, a Condominium according to the Master Deed
recorded in Liber 4283, Page 880, as amended, in the Officeof the Muskegon County
Register of Deeds, and designated as Muskegon County Condominium Subdivision Plan No.
220, together with in
rights general common elements and limitedcommon elements as set
forth in said Master Deed, and amendments thereto, and as Described in Act 59 of the Public
Acts of 1978 as amended.
Tax Parcel # 61-24-840-000-0013-00, 61-24-840-000-0028-00, 61-24-840-000-0029-00, 61-24-840-
000-0030-00
Commonly known as: 270 ViridianShores Drive Lot 13, Muskegon, MI 49440; ViridianShdres Drive Lot 28
312 Edison Ct, Muskegon, MI 49440; ViridianShores Drive Lot 29
313 Edison Ct, Muskegon, MI 49440; ViridianShores Drive Lot 30
315 Edison Ct, Muskegon, MI 49440
For the fullconsideration of: One Dollar ($1.00) and other valuable considerations.
PLEASE AFFIX REVENUE STAMPS AFTER RECORDING
subject to easements, use, building and other restrictions of record, ifany; further subject to any liensor
encumbrances thereon due to the acts or negligence of the grantee since 8/12/2025 that being the date of
a certain land contract and/or a certain lease in fulfillment f which thisdeed is given and accepted
o
Dated: October 07, 2025
Signed and Sealed:
ViridianShores Land Co., LLC, a Michigan
limitedliabily co pany
By Mil etlodseman, manager
Page 1
FileNo.: 469144LKR
Page 58 of 551
(Warranty Deed (page 2) dated: October 07, 2025
between ViridianShores Land Co., LLC, a Michigan limited liability
company, Seller(s)and Fish Partners
LLC, a Michigan limited liability
company, Purchaser(s).)
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me on October 7, 2025, by Mike Houseman, manager
of ViridianShores Land Co , LLC, a Michigan limite iability
company.
(SignName:)
Name:)
(Print Megan Hall
Notary Public Muskegon County, Michigan NotaryPublic,
MuskegonCo.,Michigan
Acting in County
My CommissionExpires03/19/2027
My commission expires:
ActingintheCountyof:. _115-0$qC-n
FileNo.: 469144LKR
Draftedby: Return to:
Mike Houseman Fish Partners LLC
ViridianShores Land Co., LLC, a Michigan limited liability 3045 Ridge Port NW
Grand Rapids, MI 49544
company
112 W Jefferson Blvd #200
South Bend, IN 46601
County Treasurer'sCertificate CityTreasurer'sCertificate
WarrantyDeed
Page 2
FileNo.: 469144LKR
Page 59 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Neighborhood Enterprise Zone Certificates -
541 Catherine Avenue, 551 Catherine Avenue,
and 561 Catherine Avenue.
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting the approval of Neighborhood Enterprise Zone (NEZ) certificates for 15 years for
new construction homes at 541 Catherine Avenue, 551 Catherine Avenue, and 561 Catherine
Avenue.
Detailed Summary & Background:
Habitat for Humanity of Kent County has submitted three applications for Neighborhood Enterprise
Zone (NEZ) certificates for the construction of single-family homes at 541, 551, and 561 Catherine
Avenue. Each home is estimated to cost $244,012 to construct. Habitat for Humanity of Kent County
intends to sell these homes to households earning up to 80% of the Area Median Income (AMI).
The applicant has met all local and state requirements for the issuance of NEZ certificates. The
Neighborhood Enterprise Zone Act provides for the development and rehabilitation of residential
housing located within eligible distressed communities. Approval of these applications would grant
the future property owners a tax abatement that reduces their property taxes by approximately 50%
for up to 15 years.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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
Page 60 of 551
Recommended Motion:
I move to close the public hearing and approve Neighborhood Enterprise Zone (NEZ) certificates for
15 years for the properties located at 541 Catherine Avenue, 551 Catherine Avenue, and 561
Catherine Avenue, and authorize the City Clerk and Mayor to sign the applications and resolutions.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Public Act 147 of 1992, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 61 of 551
Project name 26001 | 541 Catherine
Plan owner Isabela Braga
Project start date 2/19/2026
Project finish date 10/16/2026
Duration 190 days
% complete 0%
Exported on 3/5/2026
Task Nbr Outline Nbr Name Duration Depends on Start Finish
1 1 [ SUMMARY ] 136 days 4/9/2026 10/16/2026
7 2 [ PRE-DEVELOPMENT ] 31 days 1/26/2026 3/9/2026
15 3 [ PRE-CONSTRUCTION ] 29 days 3/2/2026 4/9/2026
36 4 [ CONSTRUCTION ] 151 days 3/20/2026 10/16/2026
37 4.1 Procurement + 120 days 4/20/2026 10/2/2026
38 4.1.1 Under slab, VB, tape (2w) 10 days 106SF 4/20/2026 5/4/2026
39 4.1.2 Lumber 38 days 4/27/2026 6/17/2026
40 4.1.2.1 Basement, subfloor (2w) 10 days 108SF 4/27/2026 5/11/2026
41 4.1.2.2 1st Floor Joists (2w) 10 days 108SF 4/27/2026 5/11/2026
42 4.1.2.3 1st Floor Walls (2w) 10 days 113SF 5/7/2026 5/21/2026
43 4.1.2.4 2nd Floor Joists (2w) 10 days 114SF 5/21/2026 6/3/2026
44 4.1.2.5 2nd Floor Walls (2w) 10 days 115SF 5/21/2026 6/3/2026
45 4.1.2.6 Trusses (3w) 15 days 116SF 5/14/2026 6/4/2026
46 4.1.2.7 i-Stair (2w) 10 days 113FS 6/4/2026 6/17/2026
47 4.1.3 Exterior 44 days 4/27/2026 6/26/2026
48 4.1.3.1 Windows (7-8w) 40 days 123SF 4/27/2026 6/22/2026
49 4.1.3.2 Exterior Doors (4w) 20 days 124SF 5/28/2026 6/25/2026
50 4.1.3.3 Roofing (1-2w) 10 days 120SF 6/1/2026 6/15/2026
51 4.1.3.4 Exterior Foam, Weather Barrier, Tape (2w) 10 days 117SF 5/25/2026 6/8/2026
52 4.1.3.5 Siding (2-3w) 15 days 125SF 6/5/2026 6/26/2026
53 4.1.4 Finishes 65 days 6/1/2026 8/31/2026
54 4.1.4.1 LVP Flooring (2w) 10 days 154SF 7/15/2026 7/29/2026
55 4.1.4.2 Interior Doors (4w) 20 days 155SF 7/6/2026 8/3/2026
56 4.1.4.3 Interior Trim (2w) 10 days 155SF 7/20/2026 8/3/2026
57 4.1.4.4 Door Hardware, TA, Shelves (2w) 10 days 160SF 8/17/2026 8/31/2026
58 4.1.4.5 Cabinets/Vanities (6-8w) 40 days 152SF 6/1/2026 7/27/2026
59 4.1.4.6 Countertops (3w) 15 days 153FS 7/30/2026 8/19/2026
60 4.1.5 MEPs 88 days 6/1/2026 9/30/2026
61 4.1.5.1 Electrical Gear (2w) 10 days 139SF 6/1/2026 6/15/2026
62 4.1.5.2 Water Meter Spacer, water heater (2w) 10 days 135SF 6/10/2026 6/24/2026
63 4.1.5.3 ERV (2w) 10 days 131SF 6/8/2026 6/22/2026
64 4.1.5.4 Toilet (1w) 5 days 165SF 8/28/2026 9/4/2026
65 4.1.5.5 Light Fixtures, other finishes (2-3w) 15 days 164FS 9/10/2026 9/30/2026
66 4.1.6 Appliances (4w) 20 days 168FS 9/7/2026 10/2/2026
67 4.2 Mobilization + 49 days 3/20/2026 5/27/2026
89 4.3 Site Work Pt 1 + 2 days 4/16/2026 4/17/2026
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90 4.3.1 Stake (1d) 1 day 91SF 4/16/2026 4/17/2026
91 4.3.2 Dig Foundation 1 day 83FS 4/17/2026 4/17/2026
92 4.3.3 Drop on site: silt & snow fences, blankets, etc. 1 day 91SS 4/17/2026 4/17/2026
93 4.4 Site Work Pt 2 + 5 days 7/10/2026 7/16/2026
94 4.4.1 Site prep for concrete 1 day 125FS 7/10/2026 7/10/2026
95 4.4.2 Pour driveway and sidewalk 1 day 94FS 7/13/2026 7/13/2026
96 4.4.3 Shed 1 day 95FS 7/14/2026 7/14/2026
97 4.4.4 Landscaping 1 day 96FS 7/15/2026 7/15/2026
98 4.4.5 Remove catch basin bags & other erosion controls 1 day 97FS 7/16/2026 7/16/2026
99 4.5 Foundation + 4 days 4/27/2026 4/30/2026
100 4.5.1 Set foundation walls 2 days 91FS+5d 4/27/2026 4/28/2026
101 4.5.2 Inspection 2 days 100FS 4/29/2026 4/30/2026
102 4.6 Underground + 5 days 4/29/2026 5/5/2026
103 4.6.1 Water and sewer hook up, GLSW seal at penetration 5 days 100FS 4/29/2026 5/5/2026
104 4.6.2 Plumbing underground and inspections 3 days 100FS 4/29/2026 5/1/2026
105 4.7 Slab and Framing + 35 days 5/4/2026 6/19/2026
106 4.7.1 Install underslab insulation & vapor barrier, 3rd party inspection 2 days 104FS 5/4/2026 5/5/2026
107 4.7.2 Pour footing (and slab, if possible) 3 days 106FS 5/6/2026 5/8/2026
108 4.7.3 Set sills, joists, blocking, frame basement walls 3 days 107FS 5/11/2026 5/13/2026
109 4.7.4 Build 1st floor deck 1 day 108FS 5/14/2026 5/14/2026
110 4.7.5 Pour basement floor (if delay is required) 0 days 109FS 5/14/2026 5/14/2026
111 4.7.6 GLSW inspection 2 days 110FS 5/15/2026 5/18/2026
112 4.7.7 Backfill 2 days 111FS 5/19/2026 5/20/2026
113 4.7.8 Frame 1st floor walls, stairs, blocking, porch 10 days 112FS 5/21/2026 6/3/2026
114 4.7.9 Build 2nd floor deck (3d) 0 days 113FS 6/3/2026 6/3/2026
115 4.7.10 Frame 2nd floor walls, stairs, blocking (10d) 0 days 114FS 6/3/2026 6/3/2026
116 4.7.11 Set trusses, roof sheathing 2 days 115FS 6/4/2026 6/5/2026
117 4.7.12 Ext foam, weather barrier, tape 5 days 116FS 6/8/2026 6/12/2026
118 4.7.13 Rough in building inspection 5 days 117FS 6/15/2026 6/19/2026
119 4.8 Exterior + 24 days 6/15/2026 7/16/2026
120 4.8.1 Shingle Roof 5 days 117FS 6/15/2026 6/19/2026
121 4.8.2 Air seal all wood to wood joint at ext walls, tyvek behind tub at ext wall 5 days 120FS 6/22/2026 6/26/2026
122 4.8.3 Secure home 4 days 6/22/2026 6/25/2026
123 4.8.3.1 Windows 3 days 118FS 6/22/2026 6/24/2026
124 4.8.3.2 Doors 1 day 123FS 6/25/2026 6/25/2026
125 4.8.4 Install siding and soffit 10 days 122FS 6/26/2026 7/9/2026
126 4.8.5 Exterior finish work (trim, caulk, paint) 5 days 125FS 7/10/2026 7/16/2026
127 4.8.6 Gutter Install 3 days 125FS 7/10/2026 7/14/2026
128 4.9 Rough In + 22 days 6/8/2026 7/7/2026
129 4.9.1 MEP walk through 5 days 116FS 6/8/2026 6/12/2026
130 4.9.2 HVAC 9 days 6/22/2026 7/2/2026
131 4.9.2.1 Rough in, fire stop, tape/seal at ext. penetrations 5 days 120FS 6/22/2026 6/26/2026
132 4.9.2.2 Inspection approved 3 days 131FS 6/29/2026 7/1/2026
133 4.9.2.3 Cover/protect ducts 1 day 132FS 7/2/2026 7/2/2026
134 4.9.3 Plumbing 8 days 6/24/2026 7/3/2026
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135 4.9.3.1 Rough in, fire stop, tape/seal at ext. penetrations 4 days 131FS-3d 6/24/2026 6/29/2026
136 4.9.3.2 Install pipe insulation 1 day 135FS 6/30/2026 6/30/2026
137 4.9.3.3 Inspections approved 3 days 136FS 7/1/2026 7/3/2026
138 4.9.4 Electrical 17 days 6/15/2026 7/7/2026
139 4.9.4.1 Set service and panel 1 day 117FS 6/15/2026 6/15/2026
140 4.9.4.2 Rough in, fire stop, tape/seal at ext. penetrations 5 days 135FS-3d 6/25/2026 7/1/2026
141 4.9.4.3 Inspections approved 3 days 140FS 7/2/2026 7/6/2026
142 4.9.4.4 Email 'Go Ready' to CE 1 day 141FS 7/7/2026 7/7/2026
143 4.10 Insulation, Drywall, Paint + 20 days 6/29/2026 7/24/2026
144 4.10.1 Pre-insulation clean 1 day 121FS, 118FS 6/29/2026 6/29/2026
145 4.10.2 Install closed cell foam and cellulose insulation 1 day 144FS 6/30/2026 6/30/2026
146 4.10.3 Pre-drywall inspection by third party 1 day 145FS 7/1/2026 7/1/2026
147 4.10.4 Hang drywall and finish 11 days 146FS 7/2/2026 7/16/2026
148 4.10.5 Install attic foam flash and blow insulation 2 days 147FS-5d 7/10/2026 7/13/2026
149 4.10.6 Pre-paint clean 1 day 147FS 7/17/2026 7/17/2026
150 4.10.7 Prime, paint walls and ceiling 5 days 149FS 7/20/2026 7/24/2026
151 4.11 Carpentry and Finishes + 33 days 7/27/2026 9/9/2026
152 4.11.1 Kitchen/bath cabinets install 2 days 150FS 7/27/2026 7/28/2026
153 4.11.2 Template countertops 1 day 152FS 7/29/2026 7/29/2026
154 4.11.3 LVP install 3 days 152FS 7/29/2026 7/31/2026
155 4.11.4 Interior trim and doors 10 days 154FS 8/3/2026 8/14/2026
156 4.11.5 Spackle, caulk, sand 2 days 155FS 8/17/2026 8/18/2026
157 4.11.6 Paint trim 4 days 156FS 8/19/2026 8/24/2026
158 4.11.7 Install countertops 1 day 59FS 8/20/2026 8/20/2026
159 4.11.8 Paint interior and exterior doors 4 days 157FS 8/25/2026 8/28/2026
160 4.11.9 Door hardware, TA, Shelves 3 days 159FS 8/31/2026 9/2/2026
161 4.11.10 Caulk at countertop, touch up wall paint, clean up 3 days 158FS, 160FS 9/3/2026 9/7/2026
162 4.11.11 Carpet installation 2 days 161FS 9/8/2026 9/9/2026
163 4.12 MEP Finishes + 4 days 9/4/2026 9/9/2026
164 4.12.1 EC to install plugs, faceplates, switches, fixtures 4 days 161FS-2d 9/4/2026 9/9/2026
165 4.12.2 Plumbing fixtures 4 days 161FS-2d 9/4/2026 9/9/2026
166 4.12.3 HVAC filters, vents 4 days 161FS-2d 9/4/2026 9/9/2026
167 4.13 MEP Final Connections and Inspections + 6 days 9/4/2026 9/11/2026
168 4.13.1 Install appliances 1 day 161FS-2d 9/4/2026 9/4/2026
169 4.13.2 EC Final connections and inspections 5 days 168FS 9/7/2026 9/11/2026
170 4.13.3 HVAC Final connections and inspections 5 days 168FS 9/7/2026 9/11/2026
171 4.13.4 Plumbing Final connections and inspections 5 days 168FS 9/7/2026 9/11/2026
172 4.14 Misc. and Punch + 25 days 9/14/2026 10/16/2026
173 4.14.1 HFHKC Punch Walk 1 day 167FS, 93FS 9/14/2026 9/14/2026
174 4.14.2 Punch work 10 days 173FS 9/15/2026 9/28/2026
175 4.14.3 Final Clean, Notify Comms for photos 2 days 174FS 9/29/2026 9/30/2026
176 4.14.4 Energy Audit, LEED/Energy Start checklists, Final HERS for DPA, place air sticker 10 days 175FS 10/1/2026 10/14/2026
177 4.14.5 Final Building Inspection 2 days 176FS 10/15/2026 10/16/2026
178 5 [ POST-CONSTRUCTION ] 0 days 10/16/2026 10/16/2026
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Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Habitat for Humanity of Kent County to construct a new home at 561 Catherine Ave. in the
Angell neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Habitat for Humanity of Kent County be approved.
Adopted this 12th day of May, 2026.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 75 of 551
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
May 12, 2026.
By: ________________________
Ann Meisch
City Clerk
Page 76 of 551
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Habitat for Humanity of Kent County to construct a new home at 551 Catherine Ave. in the
Angell neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Habitat for Humanity of Kent County be approved.
Adopted this 12th day of May, 2026.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 77 of 551
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
May 12, 2026.
By: ________________________
Ann Meisch
City Clerk
Page 78 of 551
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the City
Clerk by Habitat for Humanity of Kent County to construct a new home at 541 Catherine Ave. in the
Angell neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood
Enterprise Zone Certificate;
WHEREAS, the local unit of government is allowing the six (6) month grace period after construction
commencement to apply, which is allowed under the law;
WHEREAS, the Neighborhood Enterprise Zone Certificate has been approved for fifteen (15) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone
Certificate for the new construction of a home by Habitat for Humanity of Kent County be approved.
Adopted this 12th day of May, 2026.
Ayes:
Nays:
Absent:
By: __________________________
Ken Johnson, Mayor
Attest: _________________________
Ann Meisch
City Clerk
Page 79 of 551
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on
May 12, 2026.
By: ________________________
Ann Meisch
City Clerk
Page 80 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Issuance of an Obsolete Property Certificate
- 1937 Lakeshore Dr.
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 146 of 2000, Lakeside Development Properties LLC has requested the issuance
of an Obsolete Property Rehabilitation Certificate for the property located at 1937 Lakeshore Drive to
support redevelopment of the site.
Detailed Summary & Background:
Lakeside Development Properties LLC has requested the issuance of an Obsolete Property
Rehabilitation Certificate for the property located at 1937 Lakeshore Drive. If approved, the
property’s taxable value would be frozen at the pre-rehabilitation level for the duration of the
certificate. The Obsolete Property Rehabilitation District for this site was previously established by the
City Commission.
The applicant is proposing the redevelopment of the former Harbor Theater site as part of the Encore
at Harbor Theater project, with an estimated total project cost of $3,665,733. The project has
previously been before the City Commission for multiple incentive-related actions, including approval
of a Commercial Redevelopment Act abatement and establishment of a Neighborhood Enterprise
Zone district. Additionally, a prior Obsolete Property Rehabilitation Certificate associated with the
former property owner was revoked.
At the time of initial incentive discussions, staff recommended utilization of incentives available under
Public Act 255 of 1978, as amended. However, that program, along with Public Act 210 of 2005,
expired at the end of 2025 and has not been extended by the State Legislature. While the State
Senate approved legislation to extend the program, it has not advanced in the State House, and
extension is not anticipated in the near term. At this time, there are no current tax abatements for this
property.
Given the project timeline and anticipated construction start in spring, staff recommended that the
applicant pursue an Obsolete Property Rehabilitation Certificate under Public Act 146 of 2000 prior to
construction in order to support project financing.
The City’s Internal Tax Committee has reviewed the application and supporting documentation.
Based on its analysis and the applicable scoring criteria, which are consistent with the former Public
Act 255 framework, the Committee recommends approval of the attached resolution granting an
eight (8)-year Obsolete Property Rehabilitation Certificate.
Page 81 of 551
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
This is a new application for a different commercial tax abatement.
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 close the public hearing and approve the attached resolution for the issuance of an
Obsolete Property Rehabilitation Certificate for 1937 Lakeshore Drive and authorize the City Clerk
and Mayor to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Public Act 146 of the Michigan Public Acts of
Head 2000, as amended
Information
Technology
Other Division Heads
Communication
Legal Review
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LAKESIDE DEVELOPMENT PROPERTIES, LLC
April 7, 2026
Form 3674 (Rev. 12-20)
Application for Obsolete Property Rehabilitation Exemption Certificate
SUPPORTING DOCUMENTATION / INFORMATION
General Description of Facility: Year Built: 1921
Original Use: Theater
Most Recent Use: Movie theater
# of Stories: 3 AG, 0 BG
SF: 18,447
General Description of Proposed Use: A mixed-use development comprised of first-floor commercial space and upper-floor residential
condominiums. The requested OPRE tax abatement is limited solely to the first-floor commercial portion of the building.
General Description of Nature and Extent of Construction: Transforming an abandoned theater into a mixed-use development of
condominium housing and commercial office and/or retail. Its’ current design, subject to final design and city planning, is set to have
a parking garage, commercial on first level, followed by two floors (for three total floors AG) of multiple condominiums ranging from
1-3 bedrooms and 1-2 baths, with elevator, and shared common spaces such as and including a community patio.
Legal Description of Facility: The Southwesterly 55 feet of Lot 2 AND the Northeasterly 22 feet of Lot 3 of Block 627 of the Revised
Plat (of 1903) of the City of Muskegon, according to the plat thereof as recorded in Liber 3 of Plats, page 71, Muskegon County Records.
Commonly known as: 1937 Lakeshore Drive, Muskegon, MI 49441
Parcel #: 24-205-627-0002-00
Descriptive List of Fixed Building Equipment a Part of Facility: The building itself and all its components and equipment such as but
not limited to foundations, walls and floors, fire protection systems, elevators, HVAC systems, electrical systems including interior and
exterior lighting, carpentry and attached casework, window treatments, subject to change.
Time Schedule for Undertaking and Completing Construction: 05/13/2026 – 12/31/2026
Statement of Economic Advantages Expected from Receiving Exemption: We intend our facility to promote economic growth on
both the residential and commercial level. The advantage of this exemption will allow funds to be put back into facility and therefore,
its buyers or lessees. It will provide opportunity, encourage construction, and be a key component to the investment. The completion
of this project will increase property value and local revenues, and all exemptions, funds, capital investments will be used towards the
betterment of the City and its’ community through development.
Mailing Address:
c/o Randers E&C, Property Manager PH: 231-780-1200
3597 Henry Street Suite 200 FX: 231-780-0211
Norton Shores, MI 49441 [email protected]
Page 89 of 551
Page 90 of 551
Lakeside Development Properties, LLC
Cognate Value Cognate Value
PA 198 PA 210, 255, 146
Taxable Value 0-5 Taxable Value 5
Job Creation 0-3 Location 2
Resident Hiring 0-2 New Business 1
Resident
Owned/Managed 0
TOTAL 0-10 TOTAL 8
COMMERCIAL REHABILITATION TAX
PA 255 Tax Abatement Scoring Guide ABATEMENT (PUBLIC ACT 210)
COMMERCIAL REDEVELOPMENT DISTRICT
1-5 Points: 4 Year Abatement ABATEMENT (PUBLIC ACT 255)
OBSOLETE PROPERTY REHABILITATION
6-8 Points: 8 Year Abatement
ACT (PUBLIC ACT 146)
9-10 Points: 12 Year Abatement
TAXABLE VALUE: The City will consider the
estimated additional tax base that the development
PA 146 Tax Abatement Scoring
Guide will generate based on plan review, assessor's
analysis and permit fees. 1 point awarded for
1-5 Points: 4 Years frozen taxable $150,000 to $249,999 in taxable value, 2 points
values awarded for $250,000 to $499,999, 3 points
awarded for $500,000 to $749,999, and 4 points
6-8 Points: 8 Years frozen taxable awarded for $750,000 to $999,999, and 5 points for
values taxable value creation over $1,000,000. Any
development creating a taxable value over
9-10 Points: 12 Years frozen taxable $5,000,000 will recommended to receive the full
values abatement.
PA 210 Tax Abatement Scoring LOCATION: An additional two points will be
Guide awarded to a development if it is proposed in one of
the City's identified Commercial or Residential
1-5 Points: 3 Years frozen taxable Redevelopment Areas (map attached).
values
NEW BUSINESS: An additional point will be
6-8 Points: 6 Years frozen taxable awarded if the development is being proposed by a
values commercial entity or housing developer that is new
to the City of Muskegon.
9-10 Points: 10 Years frozen taxable
RESIDENT Owned / Managed: An additional point
values
will be awarded if the proposed business or
development is owned or managed by a resident.
Page 91 of 551
PA 198 IFEC Scoring Guide INDUSTRIAL FACILITIES EXEMPTION
(PUBLIC ACT 198)
1-7 Points: 9-Year 50% Abatement
TAXABLE VALUE: The City will consider the
7-10 Points: 12 Year 50% Abatement estimated additional tax base that the
development will generate based on plan
review, assessor's analysis and permit fees. 1
point awarded for $250,000 - $499,999 in
taxable value, 2 points awarded for $500,000 to
$749,999, 3 points awarded for $750,000 to
$999,999, and 4 points awarded for taxable
value creation over $1,000,000. Any
improvement resulting in $5,000,000 or more in
new taxable value will be recommended for the
full 12 year abatement. Additionally, any
construction of a new industrial facility will be
recommended for the full 12 year abatement.
JOB CREATION: Up to 3 additional points can
be earned by creating new full time jobs in the
City Limits. 1 point will be earned for 10 newly
created jobs, 2 points for 11-24 jobs, and the full
3 points for 25+ jobs. Any development creating
100 or more jobs in the first three years will
recommended for the full 12 year abatement.
RESIDENT HIRING: An additional point will be
awarded if the proposed development will
commit to employing 10% of its full time staff
from within the city limits, and an additional 2
points will be awarded if the proposed
development will commit to employing 20% of
its full time staff from within the city limits.
Page 92 of 551
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Page 93 of 551
Harbor Theater Condominiums & Retail
1937 Lakeshore Drive, Muskegon, Michigan
Project Data:
Project Description: Plumbing Fixtures: Mercantile per 403.1
The Harbor Theater located at 1937 Lakeshore Dr., Muskegon, Michigan is being Water Closets - 1 per 500 male & female Emergency Lighting:
renovated into retail on the partial first floor street side and with covered parking Separate toilets not req'd. if occupancy 15 or fewer Emergency lighting shall be properly positioned to provide an average of 1 Control & Expansion Joints:
garage in the back, condominiums on the second and third floors. The building is Lavatories - 1 per 750 foot-candle (11 lux) and a minimum of 0.1 foot-candle (1 lux) measured along the Place control joints in concrete masonry walls in accordance with NCMA TEK 10-
masonry exterior walls with wood framing & engineered floor & roof joist. Entire Drinking Fountains - 1 per 1,000 path of egress at floor level. 2B; 1-1/2 times the wall height or 25 feet, whichever is smaller.
building is fire suppressed. Service Sink - 1 required Place expansion joints in brick masonry walls in accordance with BIA Tech. Notes
Zoning: Attic Access:
Location: 1937 Lakeshore Dr., Muskegon, Michigan Building Design Loads & Specifications: Place attic access doors in ceiling within each of the spaces created by the draft
Anchors:
Zoned: B-2 Convenience Comparison Business Ground Snow Load - 60 psf per figure 1608.2
Ultimate Design Wind Speed: Risk Category (Table 1604.5) above the door.
Permitted Uses: Retail Business & Residential (figure 1609.3(1) - Risk Category 2 = 115 mph
Planned Use: Retail Business & Residential Roof Live Loads: Soil Classification:
Ground Snow Load 60 psf Soil Classification: SM Silty Sand per AGS pg. 144
Parking Required Balanced Roof Snow Load 52.0 psf Soil Load Pressure: 2,000 psf. per MBC 1804.2 Roof trusses anchored to top wall plates with one Simpson Strong-Tie H2.5A or
None Required in the City of Muskegon Unbalances Snow Load 64.6 psf H1 each truss end.
Off Street Loading Space Roof Dead Load: Soil Specification: All anchors and fasteners into treated lumber must be hot dipped galvanized or
None required in the City of Muskegon Engineered Rood Trusses Fill material under footings, floors, sidewalks and drives shall be Class II Clean stainless steel.
Site Lighting Structure 12.0 psf and Fill.
No new site lighting. All lighting will be on the building. Mechanical & Electrical 1.5 psf Fill sand and backfill soil shall be compacted in place to 95% of maximum Finishes:
Site Signage - TBD by owner Insulation 2.3 psf density.
Ceiling 2.1 psf Allowable soil bearing is 2,000 psf. minimum. cleanable nonabsorbent materials. Floor finish shall have a non-slip surface.
Code Compliance: Total Roof Dead Load 17.9 psf All floors without carpeting will have non-slip surfaces per MBC 1003.4
Floor Live Load (table 1607.1): Damp Proofing Specification:
Code - Michigan Building Code 2015 Balconies (exterior) 100 psf Hardware:
- ICC/ANSI A117.1 - 2009 Residential Living Areas 40 psf All door hardware shall be accessible lever style design.
- Michigan Plumbing Code 2015 Residential Corridors & Stairs 100 psf of footing. Exterior exit doors shall be provided with panic hardware operating with a maximum
- Michigan Mechanical Code 2015 Floor Dead Load: Coat all exterior foundation walls below grade with 6 mil waterproofing mastic. operating force of 15 pounds. The actuating portion of the releasing device
- National Electric 2015 Structure 10.0 psf Coat mastic continuously over top of footing and cover foundation wall to shall extend a minimum of 50% of the door width. MBC 1008.1.9
- Int'l Fire Code 2015 Mechanical & Electrical 1.5 psf grade level. Front entry doors in Businesses will be full glazed. Back exit door will be a solid door
Insulation 2.3 psf without glazing.
Use Group Classification (Section 302.1) - R-2 Multi-family Apartments Rough Carpentry:
Ceiling 2.1 psf
- B Business - S-2 Storage All structural lumber must have a minimum modulus of elasticity of 1,540,000.
Total Load 15.9 psf
Fire Separation (Table 508.4) - 1 hour required between M or B & R Species may be #2 Douglas Fir, #2 Southern Pine, #2 Western Hemlock or
Slab on Grade NA
No separation required between residential units Special Testing:
Roof Wind Load: (1608.2) #2 Larch.
Fire Resistance Rating (Table 602) Distance to Adjacent Buildings Compaction testing of the sand fill in the raised floor areas of the original theater's
Positive Pressure 10.0 psf
From 0' to 30' = 1 hour rating, over 30' = 0 hour rating
Positive Pressure - Edge 10.0 psf sloped floor.
Corridor Fire Resistance Rating (Table 1020.1)
Negative Pressure 16.2 psf Joist hangers, nails and fasteners must be of size and design for the specific
With sprinkled system - 0.5 hour
Negative Pressure - Edges 17.4 psf application where used.
Construction Type (Section 602.1) - 3B Unprotected Combustible
Sheet Index:
Wall Wind Load: (1608.2) All wood joists, posts, studs and plywood in contact with masonry, concrete or
Rated Building Elements (Section 601) - Ext. Brg. Walls 2 Hr. soil are pressure treated, Wolmanize or equal.
Positive Pressure 10.0 psf
All other elements - no rating required
Positive Pressure - Edge 10.0 psf All fasteners into treated lumber must be hot dipped galvanized or stainless steel
Parking Garage, II-A
Negative Pressure 10.0 psf per MBC 2304.9.5.
Gross Building Area - 17,586 square feet
Allowed by Code (table 506.2) - 48,000 sq. ft.
Negative Pressure - Edge 10.0 psf All engineered truss and joist drawings must be provided by the manufacturer's
registered design professional's seal and submitted to the architect for
G-1 Cover Sheet, Project Data
Stories above grade - 3 allowable by code (table 504.4) -4
Flame Spread & Smoke Development: approval prior to installation per MBC 2303.4.1.
Allowed by Code (table 506.2) - 4 story 75' height
C-1 Site Plan
Randers EC
Walls & Ceiling - Smoke Dev. 450 Max. per ASTM E-84 Each end of roof trusses and roof joists will be held to wall plate with one,
Automatic Sprinkler System (section 903.2.9)
Flame Spread 200 Max. per ASTM E-84 Simpson Strong-Tie H1 on wood or one H16 on masonry walls with
Foundation and Framing Plans
Provided throughout building
Portable Fire Extinguishers (section 903) Insulation - Smoke Dev. 450 Max. per ASTM E-84 moisture barrier between wood and masonry.
S-1
ENGINEERS & CONSTRUCTORS, INC.
Flame Spread 25 Max. per ASTM E-84 Column base and column cap is designated on the drawings. Secure with specified
Minimum rated extinguisher - 2-A
Roof Covering - Class B Min. per ASTM E-108 or UL-790 nails or bolts in all nailing holes provided in column base and column cap.
Maximum floor area per extinguisher - 1,500 sf
Maximum travel distance to extinguisher - 75'
Fire Separation Wall - None required due to fully sprinkled building. A-1 Renovated 1st Floor Plan
Exterior Walls - No fire rating required w/ 30' min. to lot lines or Concrete Specifications:
Occupancy Load (table 1004.1.2)
Business 100 sq. ft. / person (1,344 sq. ft/100) = 13 occupants
other structures per tables 601 and 602.
Exterior Wall Openings - 45% Maximum opening per table 704.8 with 10' to 15'
Concrete strength for all foundations shall be 3,000 psi at 28 days.
Concrete strength for all floors and flat work shall be 4,000 psi at 28 days.
A-1.2 Renovated 2nd Floor Plan
Residential - 200 sq. ft./person; (11,724 sq. ft./200) = 58 persons All concrete shall have a maximum slump of 4 inches.
setback from property line.
Parking Garage - 200 sq. ft./person; (4,308 sq. ft./200) = 21 persons
Number of Exits (Table 1006.2.1)
All exterior concrete shall have limestone aggregate, 6% air entrainment and be A-1.3 Renovated 3rd Floor Plan
Draft Stop - Attic & Floor: broom finished after troweling.
Business - max. 49 occupants, 100' travel distance = 1 exit
R-2 - max. 10 occupants, 125' travel distance = 1 exit 1st floor units
secured to the face of the roof truss and extending from ceiling to roof decking. Place
All sidewalks and floors to be 4 inches thick.
A-2 Proposed Elevation Plans
Number of Exits (table 1006.3.2(1)) All driveways to be 6 inches thick.
Greater than 4 dwelling units on 2nd floor requires 2 exits
Exit Travel Distance (table 1017.2)
draft stops at intervals of 3,000 sq. ft. max.
A-2.2 Proposed Elevation Plans
secured to the face of the floor truss and extending from ceiling below to floor above.
B - Business - 300' sprinkled
R-2 - Residential - 250' sprinkled
Place floor space draft stops at intervals of 1,000 sq. ft. max. Reinforcing Specification:
Concrete -
A-3 Building Sections
Sound transmission: Dwelling Unit Separation (1207.2 & 1207.3) All reinforcing rod shall be grade 60 steel.
Fire Extinguishers:
Air borne sound STC 50 minimum (45 if field tested)
Structure borne sound Class IIC 50 minimum (45 if field tested)
All strip footings shall be reinforced with 2-#5 rebar continuously. A-4 Room Finish and Door Schedules
Provide NFPA -13R 1999 fire sprinkler system throughout R-2 units and NFPA
sign above designating fire extinguisher location in accordance with the International
Fire Code.
and Wall Framing Details
13 in commercial areas
Accessibility Units: See drawings for reinforcement of footings carrying concentrated loads.
Sprinkler System:
Ground floor units - Type B Accessible (same as HUD Adaptable
Furnish all labor and materials to install a complete NFPA 13 sprinkler system and
unit for fair housing)
alarm system in the first floor commercial and NFPA 13R sprinkler system in the first, #10/#10 WWF
Seismic Design Category A
second, & third floor residential apartments. This system must also comply with all local
requirements, including, but not limited to, monitoring stations. Masonry -.
All masonry shall be CMU reinforced with truss or ladder type places horizontally
Signage:
from footing reinforcing to wall top cap reinforcing. Place #5 bars vertical in grout
Tactile exit signs shall be placed adjacent to each exit discharge. filled cores at all corners and both sides of door and window openings. Top course of
Masonry Lintels -
Page 94 of 551
O.H.POLE #1 UP
ELEV.
MECH.
ELEVATOR
16 X 8 GARAGE DOOR
RETAIL #1
1,437 SQ. FT.
O.H.POLE #2
PARKING GARAGE
C.E. METER
Randers EC
C.E. METER
ENGINEERS & CONSTRUCTORS, INC.
GAS METER
LANDING LANDING
1st UP TO 2nd
1ST FLOOR PLAN
Page 95 of 551
MASTER
CLOSET
ELEVATOR
UP TO 3rd
UNIT #1
2 BED/1 BATH
655 SQ. FT.
UNIT #6
1 BED/1 BATH
601 SQ. FT.
UNIT #2
2 BED/1 BATH
777 SQ. FT.
EXERCISE ROOM
137 SQ. FT.
UNIT #3
2 BED/2 BATH
1,068 SQ. FT.
Randers EC
ENGINEERS & CONSTRUCTORS, INC.
UNIT #4
2 BED/1 BATH
855 SQ. FT.
UNIT #5
2 BED/1 BATH
865 SQ. FT.
LANDING LANDING
2nd UP TO 3rd
2ND FLOOR PLAN
Page 96 of 551
A.D.A SINK
ELEVATOR
TO 2nd
UNIT #7
2 BED/1 BATH
1,028 SQ. FT.
A.D.A UNIT #11
1 BED/1 BATH
613 SQ. FT.
A.D.A BATHROOM
MASTER
CLOSET
UNIT #8
2 BED/1 BATH
1,028 SQ. FT.
Randers EC
ENGINEERS & CONSTRUCTORS, INC.
UNIT #10 UNIT #9
3 BED/2 BATH 2 BED/1 BATH
1,338 SQ. FT. 1,028 SQ. FT.
LANDING LANDING
3rd DOWN TO 2nd
3RD FLOOR PLAN
Page 97 of 551
1
9
3
7
HARBOR THEATER COMPLEX
Randers EC
ENGINEERS & CONSTRUCTORS, INC.
Page 98 of 551
UTILITIES
ENGINEERS & CONSTRUCTORS, INC.
Randers EC
Page 99 of 551
12/19/25, 1:38 PM about:blank
1937 Lakeshore Dr. Property Report
Area of Interest (AOI) Information
Area : 9,266.55 ft²
Dec 19 2025 13:37:28 Eastern Standard Time
about:blank 1/2
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12/19/25, 1:38 PM about:blank
Summary
Name Count Area(ft²) Length(ft)
Parcels 1 9,266.55 N/A
Parcels
Property Property Property Property
Municipality Acreage per Acreage per
# PIN Address Address Address Address
Code GIS Assessor
Number Direction Combined City
1937
61-24-205-
1 24 0.21 0.22 1937 No Data LAKESHOR MUSKEGON
627-0002-00
E DR
Property Property Owner Owner
Owner Owner Owner Care Owner
# Address Address Zip Address Address
Name 1 Name 2 Of Address
State Code City State
BOURDON
3597
JOSEPH/BO
1 MI 49441 No Data No Data HENRY ST MUSKEGON MI
URDON
SUITE 200
BRUCE
Owner State PRE Property School
Assessed Taxable Property
# Address Zip Equalized Homestead Class District
Value Value Class Code
Code Value Pct Description Code
Commercial
1 49441 25,000.00 25,000.00 25,000.00 0 201 61010
- Improved
Zoning per Assessor
# School District Name Tax Description Area(ft²)
Primary
CITY OF MUSKEGON
MUSKEGON CITY REVISED PLAT OF 1903
1 LFBC-LC 9,266.55
SCHOOL DIST SWLY 55 FT LOT 2 & NELY
22 FT LOT 3 BLK 627
©2020 Muskegon County GIS Data reported herein is believed to be accurate and up to date, however Muskegon County and Muskegon County GIS make no warranty
to the accuracy of the data. It is advised that before any decisions are made from this data, that the local assessor or building officials are contacted.
about:blank 2/2
Page 101 of 551
Page 102 of 551
Page 103 of 551
Page 104 of 551
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. ________
A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate for
Lakeside Development Properties, 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 Lakeside Development Properties, 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.
B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of
2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located was
established after a hearing on March 12, 2019.
D. 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.
E. 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.
F. This resolution of approval is considered by the City Commission on May 12, 2026, after a public
hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.
G. The applicant, Lakeside Development Properties, LLC, is not delinquent any taxes related to the
facility.
H. The exemption to be granted by this resolution is for eight (8) years.
I. 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.
J. Commencement of the rehabilitation has not occurred before the establishment of the district.
Page 105 of 551
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 January 1, 2027, 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 Lakeside Development Properties, LLC, for an
Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of 8 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: __________________________________________________________________
Nays: __________________________________________________________________
CITY OF MUSKEGON
BY: __________________________________
Ken Johnson
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
Page 106 of 551
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on May 12, 2026. 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.
CITY OF MUSKEGON
By ___________________________
Ann Meisch, City Clerk
ATTACHMENT A: PROPERTY DESCRIPTION
Address: 1937 Lakeshore Dr. (first floor commercial suite)
PIN#: 61-24-205-627-0002-00
Parcel Size: 0.21 Acres
Legal: CITY OF MUSKEGON REVISED PLAT OF 1903 SWLY 55 FT LOT 2 & NELY 22 FT LOT 3
BLK 627
Page 107 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Brownfield Plan Amendment - Encore at
Harbor Theatre, Lakeside Development
Properties, LLC
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Lakeside Development Properties, LLC is requesting approval of a Brownfield Plan Amendment.
Detailed Summary & Background:
Lakeside Development Properties, LLC is requesting approval of a Brownfield Plan Amendment The
Brownfield Redevelopment Authority (BRA) approved the original Brownfield Plan on April 14, 2026.
The proposed amendment will facilitate the redevelopment of the former Harbor Theatre site located
at 1937 Lakeshore Drive through the use of Tax Increment Financing (TIF) to reimburse the developer
for eligible environmental and site redevelopment activities. The project will support the creation of
new residential units and commercial space.
The former Harbor Theatre, now referred to as the Encore, has remained vacant and blighted for an
extended period. The redevelopment will consist of a three-story, 11-unit mixed-use building, with the
lower level designated for commercial space and parking. The residential component will include
three one-bedroom units, seven two-bedroom units, and one three-bedroom unit. The total
estimated project investment is $3,750,000.
The Brownfield Plan Amendment includes the following eligible activities and costs: infrastructure and
safety improvements necessary to support housing ($525,000); demolition ($165,000); Brownfield Plan
Amendment preparation ($20,000); Brownfield Plan Amendment implementation ($10,000);
contingency ($103,500); Authority administrative costs ($62,314); and Local Brownfield Revolving Fund
(LBRF) capture ($360,460).
The reimbursement period is anticipated to extend through 2052, with the collection of TIF revenues
beginning in 2027. The LBRF is projected to begin capturing revenue in 2049. The duration of the
reimbursement period may be adjusted pending approval of a Neighborhood Enterprise Zone (NEZ)
or Obsolete Property Rehabilitation Act (OPRA) certificate.
According to the City of Muskegon Housing Needs Assessment, there is a demonstrated need for 413
moderate-income for-sale homes and 322 high-income for-sale homes. This project contributes
toward addressing those identified housing needs.
Page 108 of 551
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$823,500 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 close the public hearing and approve the attached resolution and authorize the Mayor
and City Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Act 381, Public Acts of Michigan, 1996, as
Head amended
Information
Technology
Other Division Heads
Communication
Legal Review
Page 109 of 551
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
Lakeside Development Properties, LLC (1937 Lakeshore Dr.)
(Encore at Harbor Theatre)
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held in the City Commission Chambers on the 12th day of
May, 2026 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended (“Act 381”), the City of Muskegon Brownfield Redevelopment Authority (the
“Authority”) has prepared and approved a Brownfield Plan Amendment to Lakeside
Development Properties, LLC, 1937 Lakeshore Dr.; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City
Commission requesting its approval of the Brownfield Plan Amendment; and
WHEREAS, the City Commission has provided notice and a reasonable opportunity to
the taxing jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission provided
notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan
on May 12, 2026.
NOW, THEREFORE, BE IT RESOLVED THAT:
Page 110 of 551
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the adoption of
the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same
are hereby rescinded.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary or appropriate to implement the provisions of the Brownfield Plan.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Ken Johnson, Mayor
Page 111 of 551
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on May 12, 2026 and that said meeting was conducted and public notice of
said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
Page 112 of 551
Act 381 Brownfield Plan Amendment
Encore at Harbor Theater
1937 Lakeshore Drive
Muskegon, Michigan
City of Muskegon Brownfield
Redevelopment Authority
Project No. 2501897
April 6, 2026
Page 113 of 551
Act 381 Brownfield Plan Amendment
Encore at Harbor Theater
1937 Lakeshore Drive
Muskegon, Michigan
Prepared For:
City of Muskegon Brownfield Redevelopment Authority
Muskegon, Michigan
April 6, 2026
Project No. 2501897
Recommended for Approval by the City of Muskegon
Brownfield Redevelopment Authority on: ________________
Approved by the City of Muskegon
City Commission on: ________________
Page 114 of 551
Table of Contents Fishbeck | Page i
1.0 Introduction ...................................................................................................................................................1
1.1 Proposed Redevelopment and Future Use for Each Eligible Property ..............................................1
1.2 Eligible Property Information ............................................................................................................1
Basis of Eligibility..................................................................................................................1
2.0 Information Required by Section 13(2) of the Statute ...................................................................................2
2.1 Description of Costs to be Paid for with Tax Increment Revenues ...................................................2
2.1.1 Infrastructure and Safety Improvements Necessary to Support Housing............................2
2.1.2 Demolition (building and site)..............................................................................................2
2.1.3 Brownfield Plan Amendment Preparation ...........................................................................2
2.1.4 Brownfield Plan Amendment Implementation ....................................................................3
2.1.5 Contingency .........................................................................................................................3
2.1.6 Authority Administration Cost .............................................................................................3
2.1.7 Local Brownfield Revolving Fund .........................................................................................3
2.2 Summary of Eligible Activities ...........................................................................................................3
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues ..................................................3
2.4 Method of Financing and Description of Advances Made by the Municipality ................................4
2.5 Maximum Amount of Note or Bonded Indebtedness .......................................................................4
2.6 Duration of Brownfield Plan..............................................................................................................4
2.7 Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions ........................4
2.8 Legal Description, Property Map, Statement of Qualifying Characteristics, and Personal Property .4
2.9 Estimates of Residents and Displacement of Individuals/Families....................................................4
2.10 Plan for Relocation of Displaced Persons..........................................................................................4
2.11 Provisions for Relocation Costs .........................................................................................................5
2.12 Strategy for Compliance with Michigan’s Relocation Assistance Law...............................................5
2.13 Other Material that the Authority or Governing Body Considers Pertinent .....................................5
List of Figures
Figure 1 – Location Map of the Eligible Property
Figure 2 – Site Plan
Figure 3 – Proposed Site Plan
List of Tables
Table 1 – Summary of Eligible Costs
Table 2 – Total Captured Incremental Taxes Estimates
Table 3 – Estimated Reimbursement Schedule
List of Appendices
Appendix 1 – Brownfield Plan Resolution(s) and Notices
Appendix 2 – Development/Reimbursement Agreement
Appendix 3 – Relevant Sections from the 2023 Muskegon Housing Needs Assessment
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Table of Contents Fishbeck | Page ii
List of Abbreviations/Acronyms
Act 381 Brownfield Redevelopment Financing Act, 1996 PA 381, as amended
Authority City of Muskegon Brownfield Redevelopment Authority
Developer Randers Engineers and Constructors
LBRF Local Brownfield Revolving Fund
MBRA City of Muskegon Brownfield Redevelopment Authority
PA Public Act
Plan Brownfield Plan Amendment
TIF tax increment financing
TIR tax increment revenue
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April 2, 2026 Fishbeck | Page 1
1.0 Introduction
The City of Muskegon Brownfield Redevelopment Authority (the “Authority” or “MBRA”) was established by the
City of Muskegon pursuant to Act 381. The primary purpose of the Authority is to encourage the redevelopment
of eligible property through the implementation of Brownfield Plans. This Brownfield Plan Amendment (Plan)
permits the use of TIF to reimburse the costs of eligible activities required to redevelop eligible property located
at 1937 Lakeshore Drive, Muskegon, Michigan (Subject Property).
The Subject Property consists of approximately 0.21 acres of land situated on the south side of Lakeshore Drive, a
busy thoroughfare along the south shore of Muskegon Lake within the Lakeside District of Muskegon,
approximately 2.0 miles east of Lake Michigan and 2.25 miles west of downtown Muskegon. An existing, vacant
functionally obsolete theater building makes up most of the Subject Property. This building was constructed in the
early 1920s and served as a movie theater until closing in recent years. Lakeside Development Properties, LLC (the
“Developer”) acquired the Subject Property in late 2025 with the vision of repurposing the former theater into a
mixed commercial and residential development called the “Encore at Harbor Theater”, paying tribute to the
Subject Property’s history.
1.1 Proposed Redevelopment and Future Use for Each Eligible Property
Developer plans to repurpose the existing structure into a three-story mixed-use building including lower-level
commercial space and integrated parking with upper levels comprised of 11 residential units (the “Project”). The
market rate, “for sale” units will consist of three 1-bed units, seven 2-bed units, and one 3-bed unit.
Construction is expected to start in the spring of 2026 and finish by mid to late 2027. The Developer investment is
estimated at $3,750,000.
When completed, the Project improvements will total nearly 18,000 square feet, and it is estimated that three to
five new jobs will be created to support the commercial business tenant. The Project will repurpose a functionally
obsolete and vacant building into new commercial and living space that adds to the growing investment in the
Lakeside District. Community benefits include new tax base, new jobs, new residents in the neighborhood, and a
significantly improved building that will help increase surrounding tax base and encourage investment nearby.
The Subject Property is located in the qualified local governmental unit of City of Muskegon.
1.2 Eligible Property Information
Parcel ID: 61-24-205-627-0002-00
Address: 1937 Lakeshore Drive, Muskegon, Michigan
Size: Approximately 0.21 acres
Basis of Eligibility
The property qualifies as “eligible property” under Act 381 on the basis of meeting the definition of a “Housing
Property” in Section 2(p)(ii). Act 381 defines Housing Property, in part, as property on which one or more units of
residential housing are proposed to be constructed. The Project will include construction of 11 residential units.
Maps depicting the location and layout of the property are attached as Figures 1 and 2.
According to Section 2(o)(ii), the Housing Property must be “located in a community that has identified a specific
housing need and has absorption data or job growth data included in the brownfield plan.”
Specific Housing Need
The 2023 Muskegon Housing Needs Assessment identified that the vacancy rate for units for sale is approximately
1.2% in the City of Muskegon, showing demand for owner-occupied units. One of the key findings in this study is
that approximately 1,313 for-sale units are needed in the City of Muskegon by 2027, including 322 units at price
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April 2, 2026 Fishbeck | Page 2
that approximately 1,313 for-sale units are needed in the City of Muskegon by 2027, including 322 units at price
points greater than $286,000. This Project provides 11 units at a price point greater than $286,000. Relevant
housing data from the source referenced above is provided in Appendix 3.
Job Growth Data
Both seasonal and year-round employment have grown in the last five years in the Muskegon Metropolitan Area.
According to the U.S. Bureau of Labor Statistics, jobs in the Muskegon area have jumped by nearly 6,568 from
2020 to 2025. Growth over five years was about 11% from 56,267 in 2020 to 62,835 in 2025, compared to the
overall state increase in job growth around that time, 17%.
Jobs and Labor Force Growth, 2020 to 2025
Muskegon-Norton Shores Statistical Area Employment
Year(s) Number of Jobs
2025 62,835
2024 62,604
2023 62,441
2022 62,018
2021 60,612
2020 56,267
U.S. Bureau of Labor Statistics, annual reports
2.0 Information Required by Section 13(2) of the Statute
2.1 Description of Costs to be Paid for with Tax Increment Revenues
This Plan has been developed to reimburse eligible brownfield costs incurred by the Developer to support the
development of “for sale” market rate housing that meets community needs. New local TIRs will be captured for
reimbursement of eligible expenses, to the extent permitted under Act 381, based on actual available new TIR
generated from the Project and following approval of this Plan. Baseline local and state taxes associated with the
property will continue to be levied and distributed to local and state taxing jurisdictions. No State, local debt, or
special assessment taxes will be captured to reimburse eligible activity costs.
The Developer’s total cost of eligible activities, including contingencies, is anticipated to be $823,500. This total
cost of eligible activities is further described below and in the attached Table 1. The capture of TIR for the LBRF is
estimated to be $360,460.
2.1.1 Infrastructure and Safety Improvements Necessary to Support Housing
Infrastructure improvements necessary to support housing include sidewalks ($1,000), lighting ($4,000), signage
($5,000), storm sewers ($4,000), water mains and connections ($12,500), sanitary sewer mains and connections
($11,000), park/seating areas/patio ($50,000), integrated parking ($270,500), other utilities ($31,500), safety
improvements necessary to support housing – fire suppression ($115,000), and related soft costs ($20,500). The
total cost of these activities is anticipated to be $525,000.
2.1.2 Demolition (Building and Site)
Selective interior building and exterior site demolition is anticipated to cost $165,000.
2.1.3 Brownfield Plan Amendment Preparation
Preparation of the Plan is expected to cost $20,000.
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April 2, 2026 Fishbeck | Page 3
2.1.4 Brownfield Plan Amendment Implementation
Implementation of the Plan is expected to cost $10,000.
2.1.5 Contingency
A 15% contingency ($103,500) on infrastructure and safety improvements necessary to support housing and
building and site demolition is included.
2.1.6 Authority Administration Cost
The MBRA will collect 5% of local tax revenues annually for Plan administration, an estimated total of $62,314.
2.1.7 Local Brownfield Revolving Fund
Up to five years may be captured for deposit into the Local Brownfield Revolving Fund (LBRF), totaling
approximately $360,460.
2.2 Summary of Eligible Activities
Infrastructure and Safety Improvements Necessary to Support Housing
To support the construction of new “for sale” units meeting community housing needs, the following
infrastructure improvements are necessary to support future residential use: sidewalks to the north and east of
the building, exterior lighting, building signage, storm sewer improvements, water main improvements and
connections, sanitary sewer mains and connections, park/seating areas/patio, integrated parking, other utility
upgrades (Consumers + DTE), safety improvements (fire suppression), and related engineering and architectural
soft costs.
Demolition (Building and Site)
Selective interior building demolition is necessary to facilitate construction of new commercial and residential
spaces with integrated parking. Additionally, removal of antiquated utilities, manhole, and asphalt to support the
Project
Brownfield Plan Amendment Preparation
This includes costs incurred to prepare and develop this Plan, as required per Act 381.
Brownfield Plan Amendment Implementation
This includes costs incurred to implement this Plan, as required per Act 381.
Contingencies
A 15% contingency is included to account for unanticipated costs related to infrastructure and safety
improvements necessary to support housing and building and site demolition.
Authority Expenses
Administration of the Brownfield Plan by the MBRA is calculated at 5% of local-only tax increment revenues to
support the Project.
2.3 Estimate of Captured Taxable Value and Tax Increment Revenues
The base taxable value for this Plan will be the 2026 taxable value of $153,263. Upon Project completion, the
property taxable value is estimated at $1,875,600. Eligible Project activities are anticipated to begin in spring of
2026 with construction completion anticipated in mid to late 2027.
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April 2, 2026 Fishbeck | Page 4
An estimate of the captured taxable value for this redevelopment by year and in aggregate for each taxing
jurisdiction is depicted in Table 2. This Plan captures real property TIR and assumes a 2% annual increase in the
taxable value of the eligible property. An Obsolete Property Rehabilitation Act, Public Act (PA) 146 of 2000,
abatement is anticipated to be approved for eight years. Additionally, a Neighborhood Enterprise Zone Act, PA of
1992, abatement is being pursued for up to 15 years. TIR collection will start within five years of the adoption of
this Plan and is anticipated to begin in 2027. Reimbursements will be made based on actual TIRs. Once eligible
expenses are reimbursed, the MBRA may capture up to five years of the tax increment and deposit the revenues
into an LBRF, provided the amount does not exceed the total cost of eligible activities. A summary of the
estimated reimbursement schedule and the amount of capture into the LBRF by year and in aggregate is
presented in Table 3.
2.4 Method of Financing and Description of Advances Made by the Municipality
The eligible activities contemplated under this Plan will be financed by the Developer, as outlined in this Plan and
the accompanying development and reimbursement agreement (Appendix 2). No advances from the city are
anticipated at this time.
2.5 Maximum Amount of Note or Bonded Indebtedness
At this time, there are no plans by the Authority to incur indebtedness to support the development of this site,
but such plans could be made in the future to assist in the development if the Authority chooses.
2.6 Duration of Brownfield Plan
The Authority intends to begin the capture of tax increment as early as 2027. This Plan will then remain in place
for 26 years, or until the eligible activities have been fully reimbursed and up to five full years of capture into the
LBRF (not to exceed the cost of eligible activities), whichever occurs sooner. An analysis showing the
reimbursement schedule is attached as Table 3.
2.7 Estimated Impact of Tax Increment Financing on Revenues of Taxing
Jurisdictions
An estimate of the impact of TIF on the revenues of all taxing jurisdictions is illustrated in detail in Table 2.
2.8 Legal Description, Property Map, Statement of Qualifying Characteristics,
and Personal Property
The property is qualified as a “Housing Property.” A map showing eligible property dimensions is attached as
Figure 2.
The legal description for the parcel is as follows:
Parcel ID No.: 61-24-205-627-0002-00
CITY OF MUSKEGON REVISED PLAT OF 1903 SWLY 55 FT LOT 2 & NELY 22 FT LOT 3 BLK 627
2.9 Estimates of Residents and Displacement of Individuals/Families
There are no residents or families residing at this property, and thus no residents, families, or individuals will be
displaced by the Project.
2.10 Plan for Relocation of Displaced Persons
No persons reside on the eligible property. Therefore, this section is not applicable.
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April 2, 2026 Fishbeck | Page 5
2.11 Provisions for Relocation Costs
No persons reside on the eligible property. Therefore, this section is not applicable.
2.12 Strategy for Compliance with Michigan’s Relocation Assistance Law
No persons reside on the eligible property. Therefore, this section is not applicable.
2.13 Other Material that the Authority or Governing Body Considers Pertinent
No material required.
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Page 121 of 551
Figures
Page 122 of 551
VICINITY MAP
MICHIGAN
r
Rive
n
go
ke
s
Mu
CITY OF
MUSKEGON
MUSKEGON COUNTY
Muskegon Lake
Hard copy is
intended to be
8.5"x11" when
plotted. Scale(s)
indicated and
graphic quality may
not be accurate for
any other size.
River
egon
1937 Lakeshore Drive Division Street
Mus k
West Laketon Avenue
Act 381 Brownfield Plan
Muskegon, Michigan
SITE Catholic
Central High
Winward School
Pointe e
Jaycee's Driv
ore
Launch Ramp ak esh
L
McGraft Park
PLOT INFO: Z:\2025\2501897\CAD\GIS\ProProj\Brownfield.aprx Layout: FIG01_Location Map Date: 1/14/2026 11:33 AM User: ebuyce
McCracken Street
West Sherman Boulevard
West Sherman Boulevard
Kautex CWC
Plant
Lincoln Street
Roosevelt Park
Dune Harbor
Lin
Park
coln
McCracken Street
Stre
et
PROJECT NO.
2501897
LOCATION MAP West Norton Avenue
FIGURE NO.
NORTH 0 1,000
FEET
2,000
DATA SOURCES: OPEN STREET MAP.
1
©Copyright 2026 All Rights Reserved Seminole Road
Page 123 of 551
LEGEND
Approximate Property Boundary
Hard copy is
Dr
intended to be
re
8.5"x11" when
h o plotted. Scale(s)
es indicated and
Lak graphic quality may
not be accurate for
any other size.
1937 Lakeshore Drive
Act 381 Brownfield Plan
Muskegon, Michigan
PLOT INFO: Z:\2025\2501897\CAD\GIS\ProProj\Brownfield.aprx Layout: FIG02_Site Map Date: 1/14/2026 11:33 AM User: ebuyce
PROJECT NO.
2501897
SITE MAP FIGURE NO.
2
FEET
NORTH 0 20 40
DATA SOURCES: OSM HYBRID REFERENCE LAYER & MiSAIL IMAGERY.
©Copyright 2026 All Rights Reserved
Page 124 of 551
62'-7''
Randers EC
ENGINEERS & CONSTRUCTORS, INC.
9'-0''
14'-0''
R
ETE
SM
GA
R
ETE
18'-0''
. M
C.E
TER
. ME
C.E
#2
LE
. PO
O.H
27'-0''
.
C.B
#1
LE
. PO
O.H
1'-0''
Figure 3A
Page 125 of 551
UP
ELEV.
MECH.
ELEVATOR
RETAIL #1
1,437 SQ. FT.
16 X 8 GARAGE DOOR PARKING GARAGE
C.E. METER
Randers EC
C.E. METER
ENGINEERS & CONSTRUCTORS, INC.
GAS METER
LANDING LANDING
Figure 3B 1st UP TO 2nd
1ST FLOOR PLAN
Page 126 of 551
MASTER
CLOSET
ELEVATOR
W.H.
UP TO 3rd
UNIT #1
1 BED/1 BATH
669 SQ. FT.
UNIT #6
1 BED/1 BATH
601 SQ. FT.
UNIT #2
2 BED/1 BATH
W.H.
W.H. 784 SQ. FT.
EXERCISE ROOM
137 SQ. FT.
UNIT #3
2 BED/2 BATH
1,076 SQ. FT.
Randers EC
STORAGE
SHOWER
ENGINEERS & CONSTRUCTORS, INC.
UNIT #4
2 BED/1 BATH
855 SQ. FT. W.H.
UNIT #5
2 BED/1 BATH
865 SQ. FT.
W.H. W.H.
LANDING LANDING
2nd UP TO 3rd
Figure 3C
2ND FLOOR PLAN
Page 127 of 551
Tables
Page 128 of 551
Fishbeck | 1 of 1
Table 1 – Summary of Eligible Costs
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Local-Only Eligible Activities Costs and Schedule
Completion
Local-Only Eligible Activities Cost Season/Year
Infrastructure and Safety Improvements Necessary to Support Housing $ 525,000 Winter 2026
Sidewalks $ 1,000
Lighting $ 4,000
Signage $ 5,000
Storm Sewers $ 4,000
Water Mains and Connections $ 12,500
Sanitary Sewer Mains and Connections $ 11,000
Park/Seating Areas/Patio $ 50,000
Integrated Parking (concrete, steel, lighting, ventilation, structural
$ 270,500
support, elevator portion for parking level only, soil removal)
Other Utilities $ 31,500
Safety Improvements Necessary to Support Housing- Fire Suppression $ 115,000
Soft Costs (associated with safety improvements) $ 20,500
Spring/Summer
Demolition (Building and Site) $ 165,000
2026
Local-Only Eligible Activities Subtotal $ 690,000
Contingency (15%) $ 103,500
Brownfield Plan Preparation $ 20,000
Brownfield Plan Implementation $ 10,000
Local-Only Eligible Activities Total Costs $ 823,500
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Table 2 – Total Captured Incremental Taxes Schedule Fishbeck | 1 of 2
Land
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Estimated Taxable Value (TV) Increase Rate: 2% increase per year
Plan Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Calendar Year 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040
*Base Taxable Value $ - $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000
Future Taxable Value $ - $ 30,000 $ 30,600 $ 31,212 $ 31,836 $ 32,473 $ 33,122 $ 33,785 $ 34,461 $ 35,150 $ 35,853 $ 36,570 $ 37,301 $ 38,047 $ 38,808
Incremental Difference (New TV - Base TV) $ - $ - $ 600 $ 1,212 $ 1,836 $ 2,473 $ 3,122 $ 3,785 $ 4,461 $ 5,150 $ 5,853 $ 6,570 $ 7,301 $ 8,047 $ 8,808
Local Capture Millage Rate
County Operating 5.5069 $ - $ - $ 3 $ 7 $ 10 $ 14 $ 17 $ 21 $ 25 $ 28 $ 32 $ 36 $ 40 $ 44 $ 49
County Museum 0.3110 $ - $ - $ 0 $ 0 $ 1 $ 1 $ 1 $ 1 $ 1 $ 2 $ 2 $ 2 $ 2 $ 3 $ 3
County Veterans 0.0724 $ - $ - $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 1 $ 1 $ 1
Senior Cit Svc 0.4830 $ - $ - $ 0 $ 1 $ 1 $ 1 $ 2 $ 2 $ 2 $ 2 $ 3 $ 3 $ 4 $ 4 $ 4
Central Dispatch 0.2897 $ - $ - $ 0 $ 0 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 2 $ 2 $ 2 $ 2 $ 3
Muskegon Community College 2.1295 $ - $ - $ 1 $ 3 $ 4 $ 5 $ 7 $ 8 $ 9 $ 11 $ 12 $ 14 $ 16 $ 17 $ 19
M.A.I.S.D 4.5939 $ - $ - $ 3 $ 6 $ 8 $ 11 $ 14 $ 17 $ 20 $ 24 $ 27 $ 30 $ 34 $ 37 $ 40
City Operating 9.4470 $ - $ - $ 6 $ 11 $ 17 $ 23 $ 29 $ 36 $ 42 $ 49 $ 55 $ 62 $ 69 $ 76 $ 83
City Sanitation 2.8174 $ - $ - $ 2 $ 3 $ 5 $ 7 $ 9 $ 11 $ 13 $ 15 $ 16 $ 19 $ 21 $ 23 $ 25
Hackley Library 2.2586 $ - $ - $ 1 $ 3 $ 4 $ 6 $ 7 $ 9 $ 10 $ 12 $ 13 $ 15 $ 16 $ 18 $ 20
MPS Sinking 0.9390 $ - $ - $ 1 $ 1 $ 2 $ 2 $ 3 $ 4 $ 4 $ 5 $ 5 $ 6 $ 7 $ 8 $ 8
Local Total 28.8484 $ - $ - $ 17 $ 35 $ 53 $ 71 $ 90 $ 109 $ 129 $ 149 $ 169 $ 190 $ 211 $ 232 $ 254
Non-Capturable Millages Millage Rate
Comm College Debt 0.2000 $ - $ - $ 0 $ 0 $ 0 $ 0 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 2 $ 2
Hackley Debt 0.2500 $ - $ - $ 0 $ 0 $ 0 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 2 $ 2 $ 2 $ 2
MPS Debt 2020 0.6500 $ - $ - $ 0 $ 1 $ 1 $ 2 $ 2 $ 2 $ 3 $ 3 $ 4 $ 4 $ 5 $ 5 $ 6
MPS Debt 2021 6.8500 $ - $ - $ 4 $ 8 $ 13 $ 17 $ 21 $ 26 $ 31 $ 35 $ 40 $ 45 $ 50 $ 55 $ 60
Non-Capturable Total 7.9500 $ - $ - $ 5 $ 10 $ 15 $ 20 $ 25 $ 30 $ 35 $ 41 $ 47 $ 52 $ 58 $ 64 $ 70
Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ 17 $ 35 $ 53 $ 71 $ 90 $ 109 $ 129 $ 149 $ 169 $ 190 $ 211 $ 232 $ 254
NOTES:
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Table 2 – Total Captured Incremental Taxes Schedule Fishbeck | 2 of 2
Land
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Estimated Taxable Value (TV) Increase Rate:
Plan Year 15 16 17 18 19 20 21 22 23 24 25 26 Totals
Calendar Year 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052
*Base Taxable Value $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ -
Future Taxable Value $ 39,584 $ 40,376 $ 41,184 $ 42,007 $ 42,847 $ 43,704 $ 44,578 $ 45,470 $ 46,379 $ 47,307 $ 48,253 $ 49,218 $ -
Incremental Difference (New TV - Base TV) $ 9,584 $ 10,376 $ 11,184 $ 12,007 $ 12,847 $ 13,704 $ 14,578 $ 15,470 $ 16,379 $ 17,307 $ 18,253 $ 19,218 $ -
Local Capture Millage Rate
County Operating 5.5069 $ 53 $ 57 $ 62 $ 66 $ 71 $ 75 $ 80 $ 85 $ 90 $ 95 $ 101 $ 106 $ 1,267
County Museum 0.3110 $ 3 $ 3 $ 3 $ 4 $ 4 $ 4 $ 5 $ 5 $ 5 $ 5 $ 6 $ 6 $ 72
County Veterans 0.0724 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 17
Senior Cit Svc 0.4830 $ 5 $ 5 $ 5 $ 6 $ 6 $ 7 $ 7 $ 7 $ 8 $ 8 $ 9 $ 9 $ 111
Central Dispatch 0.2897 $ 3 $ 3 $ 3 $ 3 $ 4 $ 4 $ 4 $ 4 $ 5 $ 5 $ 5 $ 6 $ 67
Muskegon Community College 2.1295 $ 20 $ 22 $ 24 $ 26 $ 27 $ 29 $ 31 $ 33 $ 35 $ 37 $ 39 $ 41 $ 490
M.A.I.S.D 4.5939 $ 44 $ 48 $ 51 $ 55 $ 59 $ 63 $ 67 $ 71 $ 75 $ 80 $ 84 $ 88 $ 1,057
City Operating 9.4470 $ 91 $ 98 $ 106 $ 113 $ 121 $ 129 $ 138 $ 146 $ 155 $ 163 $ 172 $ 182 $ 2,174
City Sanitation 2.8174 $ 27 $ 29 $ 32 $ 34 $ 36 $ 39 $ 41 $ 44 $ 46 $ 49 $ 51 $ 54 $ 648
Hackley Library 2.2586 $ 22 $ 23 $ 25 $ 27 $ 29 $ 31 $ 33 $ 35 $ 37 $ 39 $ 41 $ 43 $ 520
MPS Sinking 0.9390 $ 9 $ 10 $ 11 $ 11 $ 12 $ 13 $ 14 $ 15 $ 15 $ 16 $ 17 $ 18 $ 216
Local Total 28.8484 $ 276 $ 299 $ 323 $ 346 $ 371 $ 395 $ 421 $ 446 $ 473 $ 499 $ 527 $ 554 $ 6,639
Non-Capturable Millages Millage Rate
Comm College Debt 0.2000 $ 2 $ 2 $ 2 $ 2 $ 3 $ 3 $ 3 $ 3 $ 3 $ 3 $ 4 $ 4 $ 46
Hackley Debt 0.2500 $ 2 $ 3 $ 3 $ 3 $ 3 $ 3 $ 4 $ 4 $ 4 $ 4 $ 5 $ 5 $ 58
MPS Debt 2020 0.6500 $ 6 $ 7 $ 7 $ 8 $ 8 $ 9 $ 9 $ 10 $ 11 $ 11 $ 12 $ 12 $ 150
MPS Debt 2021 6.8500 $ 66 $ 71 $ 77 $ 82 $ 88 $ 94 $ 100 $ 106 $ 112 $ 119 $ 125 $ 132 $ 1,576
Non-Capturable Total 7.9500 $ 76 $ 82 $ 89 $ 95 $ 102 $ 109 $ 116 $ 123 $ 130 $ 138 $ 145 $ 153 $ 1,830
Total Tax Increment Revenue (TIR) Available for Capture $ 276 $ 299 $ 323 $ 346 $ 371 $ 395 $ 421 $ 446 $ 473 $ 499 $ 527 $ 554 $ 6,639
NOTES:
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Table 2 – Total Captured Incremental Taxes Schedule Fishbeck | 1 of 2
Residential
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Estimated Taxable Value (TV) Increase Rate: 2% increase per year NEZ Yr 1 NEZ Yr 2 NEZ Yr 3 NEZ Yr 4 NEZ Yr 5 NEZ Yr 6 NEZ Yr 7 NEZ Yr 8 NEZ Yr 9 NEZ Yr 10 NEZ Yr 11 NEZ Yr 12 NEZ Phase In
Plan Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Calendar Year 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040
*Base Taxable Value $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Future Taxable Value $ - $ 797,500 $ 1,595,000 $ 1,626,900 $ 1,659,438 $ 1,692,627 $ 1,726,479 $ 1,761,009 $ 1,796,229 $ 1,832,154 $ 1,868,797 $ 1,906,173 $ 1,944,296 $ 1,983,182 $ 2,022,846
Incremental Difference (New TV - Base TV) $ - $ 797,500 $ 1,595,000 $ 1,626,900 $ 1,659,438 $ 1,692,627 $ 1,726,479 $ 1,761,009 $ 1,796,229 $ 1,832,154 $ 1,868,797 $ 1,906,173 $ 1,944,296 $ 1,983,182 $ 2,022,846
Local Capture Millage Rate NEZ Rate
County Operating 5.5069 2.2633 $ - $ 1,805 $ 3,610 $ 3,682 $ 3,756 $ 3,831 $ 3,908 $ 3,986 $ 4,065 $ 4,147 $ 4,230 $ 4,314 $ 4,401 $ 6,826 $ 8,355
County Museum 0.3110 0.1278 $ - $ 102 $ 204 $ 208 $ 212 $ 216 $ 221 $ 225 $ 230 $ 234 $ 239 $ 244 $ 249 $ 617 $ 629
County Veterans 0.0724 0.0298 $ - $ 24 $ 47 $ 48 $ 49 $ 50 $ 51 $ 52 $ 53 $ 55 $ 56 $ 57 $ 58 $ 144 $ 146
Senior Cit Svc 0.4830 0.1985 $ - $ 158 $ 317 $ 323 $ 329 $ 336 $ 343 $ 350 $ 357 $ 364 $ 371 $ 378 $ 386 $ 958 $ 977
Central Dispatch 0.2897 0.1191 $ - $ 95 $ 190 $ 194 $ 198 $ 202 $ 206 $ 210 $ 214 $ 218 $ 223 $ 227 $ 231 $ 359 $ 440
Muskegon Community College 2.1295 0.8752 $ - $ 698 $ 1,396 $ 1,424 $ 1,452 $ 1,481 $ 1,511 $ 1,541 $ 1,572 $ 1,604 $ 1,636 $ 1,668 $ 1,702 $ 4,223 $ 4,308
M.A.I.S.D 4.5939 1.8881 $ - $ 1,506 $ 3,011 $ 3,072 $ 3,133 $ 3,196 $ 3,260 $ 3,325 $ 3,391 $ 3,459 $ 3,528 $ 3,599 $ 3,671 $ 9,111 $ 9,293
City Operating 9.4470 3.8827 $ - $ 3,096 $ 6,193 $ 6,317 $ 6,443 $ 6,572 $ 6,703 $ 6,837 $ 6,974 $ 7,114 $ 7,256 $ 7,401 $ 7,549 $ 11,709 $ 14,332
City Sanitation 2.8174 1.1579 $ - $ 923 $ 1,847 $ 1,884 $ 1,922 $ 1,960 $ 1,999 $ 2,039 $ 2,080 $ 2,122 $ 2,164 $ 2,207 $ 2,251 $ 3,492 $ 4,274
Hackley Library 2.2586 0.9283 $ - $ 740 $ 1,481 $ 1,510 $ 1,540 $ 1,571 $ 1,603 $ 1,635 $ 1,667 $ 1,701 $ 1,735 $ 1,769 $ 1,805 $ 4,479 $ 4,569
MPS Sinking 0.9390 0.3859 $ - $ 308 $ 616 $ 628 $ 640 $ 653 $ 666 $ 680 $ 693 $ 707 $ 721 $ 736 $ 750 $ 1,862 $ 1,899
Local Total 28.8484 11.8566 $ - $ 9,456 $ 18,911 $ 19,289 $ 19,675 $ 20,069 $ 20,470 $ 20,880 $ 21,297 $ 21,723 $ 22,158 $ 22,601 $ 23,053 $ 43,780 $ 49,222
Non-Capturable Millages Millage Rate NEZ Rate
Comm College Debt 0.2000 0.0822 $ - $ 66 $ 131 $ 134 $ 136 $ 139 $ 142 $ 145 $ 148 $ 151 $ 154 $ 157 $ 160 $ 248 $ 303
Hackley Debt 0.2500 0.1027 $ - $ 82 $ 164 $ 167 $ 171 $ 174 $ 177 $ 181 $ 185 $ 188 $ 192 $ 196 $ 200 $ 310 $ 379
MPS Debt 2020 0.6500 0.2671 $ - $ 213 $ 426 $ 435 $ 443 $ 452 $ 461 $ 470 $ 480 $ 489 $ 499 $ 509 $ 519 $ 806 $ 986
MPS Debt 2021 6.8500 2.8153 $ - $ 2,245 $ 4,490 $ 4,580 $ 4,672 $ 4,765 $ 4,861 $ 4,958 $ 5,057 $ 5,158 $ 5,261 $ 5,366 $ 5,474 $ 8,490 $ 10,392
Non-Capturable Total 7.9500 3.2674 $ - $ 2,606 $ 5,212 $ 5,316 $ 5,422 $ 5,531 $ 5,641 $ 5,754 $ 5,869 $ 5,986 $ 6,106 $ 6,228 $ 6,353 $ 9,854 $ 12,061
Total Tax Increment Revenue (TIR) Available for Capture $ - $ 9,456 $ 18,911 $ 19,289 $ 19,675 $ 20,069 $ 20,470 $ 20,880 $ 21,297 $ 21,723 $ 22,158 $ 22,601 $ 23,053 $ 43,780 $ 49,222
NOTES:
NEZ PRE Tax Rate 17.590 17.5900
Reduction Proportion 0.410996673
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Page 132 of 551
Table 2 – Total Captured Incremental Taxes Schedule Fishbeck | 2 of 2
Residential
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Estimated Taxable Value (TV)
NEZIncrease
Phase In
Rate:
Plan Year 15 16 17 18 19 20 21 22 23 24 25 26 Totals
Calendar Year 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052
*Base Taxable Value $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Future Taxable Value $ 2,063,303 $ 2,104,569 $ 2,146,660 $ 2,189,593 $ 2,233,385 $ 2,278,053 $ 2,323,614 $ 2,370,086 $ 2,417,488 $ 2,465,838 $ 2,515,154 $ 2,565,457 $ -
Incremental Difference (New TV - Base TV) $ 2,063,303 $ 2,104,569 $ 2,146,660 $ 2,189,593 $ 2,233,385 $ 2,278,053 $ 2,323,614 $ 2,370,086 $ 2,417,488 $ 2,465,838 $ 2,515,154 $ 2,565,457 $ -
Local Capture Millage Rate NEZ Rate
County Operating 5.5069 2.2633 $ 9,942 $ 11,590 $ 11,821 $ 12,058 $ 12,299 $ 12,545 $ 12,796 $ 13,052 $ 13,313 $ 13,579 $ 13,851 $ 14,128 $ 211,888
County Museum 0.3110 0.1278 $ 642 $ 655 $ 668 $ 681 $ 695 $ 708 $ 723 $ 737 $ 752 $ 767 $ 782 $ 798 $ 12,435
County Veterans 0.0724 0.0298 $ 149 $ 152 $ 155 $ 159 $ 162 $ 165 $ 168 $ 172 $ 175 $ 179 $ 182 $ 186 $ 2,895
Senior Cit Svc 0.4830 0.1985 $ 997 $ 1,017 $ 1,037 $ 1,058 $ 1,079 $ 1,100 $ 1,122 $ 1,145 $ 1,168 $ 1,191 $ 1,215 $ 1,239 $ 19,312
Central Dispatch 0.2897 0.1191 $ 523 $ 610 $ 622 $ 634 $ 647 $ 660 $ 673 $ 687 $ 700 $ 714 $ 729 $ 743 $ 11,147
Muskegon Community College 2.1295 0.8752 $ 4,394 $ 4,482 $ 4,571 $ 4,663 $ 4,756 $ 4,851 $ 4,948 $ 5,047 $ 5,148 $ 5,251 $ 5,356 $ 5,463 $ 85,146
M.A.I.S.D 4.5939 1.8881 $ 9,479 $ 9,668 $ 9,862 $ 10,059 $ 10,260 $ 10,465 $ 10,674 $ 10,888 $ 11,106 $ 11,328 $ 11,554 $ 11,785 $ 183,683
City Operating 9.4470 3.8827 $ 17,056 $ 19,882 $ 20,279 $ 20,685 $ 21,099 $ 21,521 $ 21,951 $ 22,390 $ 22,838 $ 23,295 $ 23,761 $ 24,236 $ 363,490
City Sanitation 2.8174 1.1579 $ 5,087 $ 5,929 $ 6,048 $ 6,169 $ 6,292 $ 6,418 $ 6,547 $ 6,677 $ 6,811 $ 6,947 $ 7,086 $ 7,228 $ 108,404
Hackley Library 2.2586 0.9283 $ 4,660 $ 4,753 $ 4,848 $ 4,945 $ 5,044 $ 5,145 $ 5,248 $ 5,353 $ 5,460 $ 5,569 $ 5,681 $ 5,794 $ 90,308
MPS Sinking 0.9390 0.3859 $ 1,937 $ 1,976 $ 2,016 $ 2,056 $ 2,097 $ 2,139 $ 2,182 $ 2,226 $ 2,270 $ 2,315 $ 2,362 $ 2,409 $ 37,545
Local Total 28.8484 11.8566 $ 54,865 $ 60,713 $ 61,928 $ 63,166 $ 64,430 $ 65,718 $ 67,033 $ 68,373 $ 69,741 $ 71,135 $ 72,558 $ 74,009 $ 1,126,253
Non-Capturable Millages Millage Rate NEZ Rate
Comm College Debt 0.2000 0.0822 $ 361 $ 421 $ 429 $ 438 $ 447 $ 456 $ 465 $ 474 $ 483 $ 493 $ 503 $ 513 $ 7,695
Hackley Debt 0.2500 0.1027 $ 451 $ 526 $ 537 $ 547 $ 558 $ 570 $ 581 $ 593 $ 604 $ 616 $ 629 $ 641 $ 9,619
MPS Debt 2020 0.6500 0.2671 $ 1,174 $ 1,368 $ 1,395 $ 1,423 $ 1,452 $ 1,481 $ 1,510 $ 1,541 $ 1,571 $ 1,603 $ 1,635 $ 1,668 $ 25,010
MPS Debt 2021 6.8500 2.8153 $ 12,367 $ 14,416 $ 14,705 $ 14,999 $ 15,299 $ 15,605 $ 15,917 $ 16,235 $ 16,560 $ 16,891 $ 17,229 $ 17,573 $ 263,566
Non-Capturable Total 7.9500 3.2674 $ 14,353 $ 16,731 $ 17,066 $ 17,407 $ 17,755 $ 18,111 $ 18,473 $ 18,842 $ 19,219 $ 19,603 $ 19,995 $ 20,395 $ 305,890
Total Tax Increment Revenue (TIR) Available for Capture $ 54,865 $ 60,713 $ 61,928 $ 63,166 $ 64,430 $ 65,718 $ 67,033 $ 68,373 $ 69,741 $ 71,135 $ 72,558 $ 74,009 $ 1,126,253
NOTES:
NEZ PRE Tax Rate 17.590 17.5900
Reduction Proportion 0.410996673
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Table 2 – Total Captured Incremental Taxes Schedule Fishbeck | 1 of 2
Commercial
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Estimated Taxable Value (TV) Increase Rate: 2% increase per year OPRA Yr 1 OPRA Yr 2 OPRA Yr 3 OPRA Yr 4 OPRA Yr 5 OPRA Yr 6 OPRA Yr 7 OPRA Yr 8
Plan Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Calendar Year 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040
*Base Taxable Value $ - $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263
OPRA Frozen Value $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263
Future Taxable Value $ - $ 125,000 $ 250,000 $ 255,000 $ 260,100 $ 265,302 $ 270,608 $ 276,020 $ 281,541 $ 287,171 $ 292,915 $ 298,773 $ 304,749 $ 310,844 $ 317,060
Incremental Difference (New TV - Base TV) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 163,908 $ 169,652 $ 175,510 $ 181,486 $ 187,581 $ 193,797
$ -
Local Capture Millage Rate
County Operating 5.5069 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 903 $ 934 $ 967 $ 999 $ 1,033 $ 1,067
County Museum 0.3110 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 51 $ 53 $ 55 $ 56 $ 58 $ 60
County Veterans 0.0724 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 12 $ 12 $ 13 $ 13 $ 14 $ 14
Senior Cit Svc 0.4830 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 79 $ 82 $ 85 $ 88 $ 91 $ 94
Central Dispatch 0.2897 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 47 $ 49 $ 51 $ 53 $ 54 $ 56
Muskegon Community College 2.1295 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 349 $ 361 $ 374 $ 386 $ 399 $ 413
M.A.I.S.D 4.5939 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 753 $ 779 $ 806 $ 834 $ 862 $ 890
City Operating 9.4470 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,548 $ 1,603 $ 1,658 $ 1,714 $ 1,772 $ 1,831
City Sanitation 2.8174 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 462 $ 478 $ 494 $ 511 $ 528 $ 546
Hackley Library 2.2586 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 370 $ 383 $ 396 $ 410 $ 424 $ 438
MPS Sinking 0.9390 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 154 $ 159 $ 165 $ 170 $ 176 $ 182
Local Total 28.8484 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 4,728 $ 4,894 $ 5,063 $ 5,236 $ 5,411 $ 5,591
Non-Capturable Millages Millage Rate
Comm College Debt 0.2000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 33 $ 34 $ 35 $ 36 $ 38 $ 39
Hackley Debt 0.2500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 41 $ 42 $ 44 $ 45 $ 47 $ 48
MPS Debt 2020 0.6500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 107 $ 110 $ 114 $ 118 $ 122 $ 126
MPS Debt 2021 6.8500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,123 $ 1,162 $ 1,202 $ 1,243 $ 1,285 $ 1,328
Non-Capturable Total 7.9500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,303 $ 1,349 $ 1,395 $ 1,443 $ 1,491 $ 1,541
Total Tax Increment Revenue (TIR) Available for Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 4,728 $ 4,894 $ 5,063 $ 5,236 $ 5,411 $ 5,591
NOTES:
Land not included
8 Year OPRA Tax Abatement
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Table 2 – Total Captured Incremental Taxes Schedule Fishbeck | 2 of 2
Commercial
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Estimated Taxable Value (TV) Increase Rate:
Plan Year 15 16 17 18 19 20 21 22 23 24 25 26 Totals
Calendar Year 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052
*Base Taxable Value $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ 123,263 $ -
OPRA Frozen Value
Future Taxable Value $ 323,402 $ 329,870 $ 336,467 $ 343,196 $ 350,060 $ 357,062 $ 364,203 $ 371,487 $ 378,917 $ 386,495 $ 394,225 $ 402,109 $ -
Incremental Difference (New TV - Base TV) $ 200,139 $ 206,607 $ 213,204 $ 219,933 $ 226,797 $ 233,799 $ 240,940 $ 248,224 $ 255,654 $ 263,232 $ 270,962 $ 278,846 $ -
Local Capture Millage Rate
County Operating 5.5069 $ 1,102 $ 1,138 $ 1,174 $ 1,211 $ 1,249 $ 1,288 $ 1,327 $ 1,367 $ 1,408 $ 1,450 $ 1,492 $ 1,536 $ 21,644
County Museum 0.3110 $ 62 $ 64 $ 66 $ 68 $ 71 $ 73 $ 75 $ 77 $ 80 $ 82 $ 84 $ 87 $ 1,222
County Veterans 0.0724 $ 14 $ 15 $ 15 $ 16 $ 16 $ 17 $ 17 $ 18 $ 19 $ 19 $ 20 $ 20 $ 285
Senior Cit Svc 0.4830 $ 97 $ 100 $ 103 $ 106 $ 110 $ 113 $ 116 $ 120 $ 123 $ 127 $ 131 $ 135 $ 1,898
Central Dispatch 0.2897 $ 58 $ 60 $ 62 $ 64 $ 66 $ 68 $ 70 $ 72 $ 74 $ 76 $ 78 $ 81 $ 1,139
Muskegon Community College 2.1295 $ 426 $ 440 $ 454 $ 468 $ 483 $ 498 $ 513 $ 529 $ 544 $ 561 $ 577 $ 594 $ 8,370
M.A.I.S.D 4.5939 $ 919 $ 949 $ 979 $ 1,010 $ 1,042 $ 1,074 $ 1,107 $ 1,140 $ 1,174 $ 1,209 $ 1,245 $ 1,281 $ 18,055
City Operating 9.4470 $ 1,891 $ 1,952 $ 2,014 $ 2,078 $ 2,143 $ 2,209 $ 2,276 $ 2,345 $ 2,415 $ 2,487 $ 2,560 $ 2,634 $ 37,129
City Sanitation 2.8174 $ 564 $ 582 $ 601 $ 620 $ 639 $ 659 $ 679 $ 699 $ 720 $ 742 $ 763 $ 786 $ 11,073
Hackley Library 2.2586 $ 452 $ 467 $ 482 $ 497 $ 512 $ 528 $ 544 $ 561 $ 577 $ 595 $ 612 $ 630 $ 8,877
MPS Sinking 0.9390 $ 188 $ 194 $ 200 $ 207 $ 213 $ 220 $ 226 $ 233 $ 240 $ 247 $ 254 $ 262 $ 3,691
Local Total 28.8484 $ 5,774 $ 5,960 $ 6,151 $ 6,345 $ 6,543 $ 6,745 $ 6,951 $ 7,161 $ 7,375 $ 7,594 $ 7,817 $ 8,044 $ 113,382
Non-Capturable Millages Millage Rate
Comm College Debt 0.2000 $ 40 $ 41 $ 43 $ 44 $ 45 $ 47 $ 48 $ 50 $ 51 $ 53 $ 54 $ 56 $ 786
Hackley Debt 0.2500 $ 50 $ 52 $ 53 $ 55 $ 57 $ 58 $ 60 $ 62 $ 64 $ 66 $ 68 $ 70 $ 983
MPS Debt 2020 0.6500 $ 130 $ 134 $ 139 $ 143 $ 147 $ 152 $ 157 $ 161 $ 166 $ 171 $ 176 $ 181 $ 2,555
MPS Debt 2021 6.8500 $ 1,371 $ 1,415 $ 1,460 $ 1,507 $ 1,554 $ 1,602 $ 1,650 $ 1,700 $ 1,751 $ 1,803 $ 1,856 $ 1,910 $ 26,922
Non-Capturable Total 7.9500 $ 1,591 $ 1,643 $ 1,695 $ 1,748 $ 1,803 $ 1,859 $ 1,915 $ 1,973 $ 2,032 $ 2,093 $ 2,154 $ 2,217 $ 31,246
Total Tax Increment Revenue (TIR) Available for Capture $ 5,774 $ 5,960 $ 6,151 $ 6,345 $ 6,543 $ 6,745 $ 6,951 $ 7,161 $ 7,375 $ 7,594 $ 7,817 $ 8,044 $ 113,382
NOTES:
Land not included
8 Year OPRA Tax Abatement
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Table 2 – Total Captured Incremental Taxes Schedule Fishbeck | 1 of 2
Total Summary
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Estimated Taxable Value (TV) Increase Rate: 2% increase per year
Plan Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Calendar Year 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040
*Base Taxable Value $ - $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263
Future Taxable Value $ - $ 952,500 $ 1,875,600 $ 1,913,112 $ 1,951,374 $ 1,990,402 $ 2,030,210 $ 2,070,814 $ 2,112,230 $ 2,154,475 $ 2,197,564 $ 2,241,516 $ 2,286,346 $ 2,332,073 $ 2,378,714
Incremental Difference (New TV - Base TV) $ - $ 797,500 $ 1,595,600 $ 1,628,112 $ 1,661,274 $ 1,695,100 $ 1,729,602 $ 1,764,794 $ 1,800,690 $ 2,001,212 $ 2,044,301 $ 2,088,253 $ 2,133,083 $ 2,178,810 $ 2,225,451
Local Capture Millage Rate
County Operating 5.5069 $ - $ 1,805 $ 3,613 $ 3,689 $ 3,766 $ 3,845 $ 3,925 $ 4,007 $ 4,090 $ 5,078 $ 5,196 $ 5,317 $ 5,440 $ 7,903 $ 9,470
County Museum 0.3110 $ - $ 102 $ 204 $ 208 $ 213 $ 217 $ 222 $ 226 $ 231 $ 287 $ 293 $ 300 $ 307 $ 678 $ 692
County Veterans 0.0724 $ - $ 24 $ 48 $ 48 $ 50 $ 51 $ 52 $ 53 $ 54 $ 67 $ 68 $ 70 $ 72 $ 158 $ 161
Senior Cit Svc 0.4830 $ - $ 158 $ 317 $ 324 $ 330 $ 337 $ 344 $ 351 $ 359 $ 445 $ 456 $ 466 $ 477 $ 1,052 $ 1,075
Central Dispatch 0.2897 $ - $ 95 $ 190 $ 194 $ 198 $ 202 $ 206 $ 211 $ 215 $ 267 $ 273 $ 280 $ 286 $ 416 $ 498
Muskegon Community College 2.1295 $ - $ 698 $ 1,397 $ 1,426 $ 1,456 $ 1,487 $ 1,518 $ 1,549 $ 1,582 $ 1,964 $ 2,009 $ 2,056 $ 2,104 $ 4,640 $ 4,739
M.A.I.S.D 4.5939 $ - $ 1,506 $ 3,014 $ 3,077 $ 3,142 $ 3,207 $ 3,274 $ 3,342 $ 3,412 $ 4,236 $ 4,335 $ 4,435 $ 4,538 $ 10,009 $ 10,224
City Operating 9.4470 $ - $ 3,096 $ 6,199 $ 6,328 $ 6,460 $ 6,595 $ 6,733 $ 6,873 $ 7,016 $ 8,711 $ 8,914 $ 9,121 $ 9,333 $ 13,558 $ 16,246
City Sanitation 2.8174 $ - $ 923 $ 1,849 $ 1,887 $ 1,927 $ 1,967 $ 2,008 $ 2,050 $ 2,092 $ 2,598 $ 2,658 $ 2,720 $ 2,783 $ 4,043 $ 4,845
Hackley Library 2.2586 $ - $ 740 $ 1,482 $ 1,513 $ 1,545 $ 1,577 $ 1,610 $ 1,643 $ 1,677 $ 2,083 $ 2,131 $ 2,181 $ 2,231 $ 4,921 $ 5,026
MPS Sinking 0.9390 $ - $ 308 $ 616 $ 629 $ 642 $ 656 $ 669 $ 683 $ 697 $ 866 $ 886 $ 907 $ 928 $ 2,046 $ 2,090
Local Total 28.8484 $ - $ 9,456 $ 18,929 $ 19,324 $ 19,728 $ 20,140 $ 20,560 $ 20,989 $ 21,426 $ 26,600 $ 27,221 $ 27,853 $ 28,499 $ 49,423 $ 55,067
Non-Capturable Millages Millage Rate
Comm College Debt 0.2000 $ - $ 66 $ 131 $ 134 $ 137 $ 140 $ 143 $ 146 $ 149 $ 193 $ 197 $ 202 $ 207 $ 297 $ 354
Hackley Debt 0.2500 $ - $ 82 $ 164 $ 168 $ 172 $ 176 $ 179 $ 183 $ 187 $ 298 $ 306 $ 314 $ 322 $ 437 $ 511
MPS Debt 2020 0.6500 $ - $ 213 $ 430 $ 443 $ 456 $ 469 $ 483 $ 496 $ 510 $ 1,648 $ 1,701 $ 1,756 $ 1,813 $ 2,146 $ 2,374
MPS Debt 2021 6.8500 $ - $ 2,245 $ 4,495 $ 4,590 $ 4,686 $ 4,785 $ 4,885 $ 4,988 $ 5,092 $ 6,502 $ 6,657 $ 6,814 $ 6,975 $ 10,046 $ 12,003
Non-Capturable Total 7.9500 $ - $ 2,606 $ 5,212 $ 5,316 $ 5,422 $ 5,531 $ 5,641 $ 5,754 $ 5,869 $ 5,986 $ 6,106 $ 6,228 $ 6,353 $ 9,854 $ 12,061
Total Tax Increment Revenue (TIR) Available for Capture $ - $ 9,456 $ 18,929 $ 19,324 $ 19,728 $ 20,140 $ 20,560 $ 20,989 $ 21,426 $ 26,600 $ 27,221 $ 27,853 $ 28,499 $ 49,423 $ 55,067
NOTES:
TOTAL Capture
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Table 2 – Total Captured Incremental Taxes Schedule Fishbeck | 2 of 2
Total Summary
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Estimated Taxable Value (TV) Increase Rate:
Plan Year 15 16 17 18 19 20 21 22 23 24 25 26 Totals
Calendar Year 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052
*Base Taxable Value $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ 153,263 $ -
Future Taxable Value $ 2,426,289 $ 2,474,814 $ 2,524,311 $ 2,574,797 $ 2,626,293 $ 2,678,819 $ 2,732,395 $ 2,787,043 $ 2,842,784 $ 2,899,639 $ 2,957,632 $ 3,016,785 $ -
Incremental Difference (New TV - Base TV) $ 2,273,026 $ 2,321,551 $ 2,371,048 $ 2,421,534 $ 2,473,030 $ 2,525,556 $ 2,579,132 $ 2,633,780 $ 2,689,521 $ 2,746,376 $ 2,804,369 $ 2,863,522 $ -
Local Capture Millage Rate
County Operating 5.5069 $ 11,097 $ 12,785 $ 13,057 $ 13,335 $ 13,619 $ 13,908 $ 14,203 $ 14,504 $ 14,811 $ 15,124 $ 15,443 $ 15,769 $ 234,799
County Museum 0.3110 $ 707 $ 722 $ 737 $ 753 $ 769 $ 785 $ 802 $ 819 $ 836 $ 854 $ 872 $ 891 $ 13,729
County Veterans 0.0724 $ 165 $ 168 $ 172 $ 175 $ 179 $ 183 $ 187 $ 191 $ 195 $ 199 $ 203 $ 207 $ 3,196
Senior Cit Svc 0.4830 $ 1,098 $ 1,121 $ 1,145 $ 1,170 $ 1,194 $ 1,220 $ 1,246 $ 1,272 $ 1,299 $ 1,326 $ 1,355 $ 1,383 $ 21,322
Central Dispatch 0.2897 $ 584 $ 673 $ 687 $ 702 $ 716 $ 732 $ 747 $ 763 $ 779 $ 796 $ 812 $ 830 $ 12,352
Muskegon Community College 2.1295 $ 4,840 $ 4,944 $ 5,049 $ 5,157 $ 5,266 $ 5,378 $ 5,492 $ 5,609 $ 5,727 $ 5,848 $ 5,972 $ 6,098 $ 94,006
M.A.I.S.D 4.5939 $ 10,442 $ 10,665 $ 10,892 $ 11,124 $ 11,361 $ 11,602 $ 11,848 $ 12,099 $ 12,355 $ 12,617 $ 12,883 $ 13,155 $ 202,795
City Operating 9.4470 $ 19,037 $ 21,932 $ 22,399 $ 22,876 $ 23,363 $ 23,859 $ 24,365 $ 24,881 $ 25,408 $ 25,945 $ 26,493 $ 27,052 $ 402,793
City Sanitation 2.8174 $ 5,677 $ 6,541 $ 6,680 $ 6,822 $ 6,968 $ 7,116 $ 7,266 $ 7,420 $ 7,577 $ 7,738 $ 7,901 $ 8,068 $ 120,126
Hackley Library 2.2586 $ 5,134 $ 5,243 $ 5,355 $ 5,469 $ 5,586 $ 5,704 $ 5,825 $ 5,949 $ 6,075 $ 6,203 $ 6,334 $ 6,468 $ 99,705
MPS Sinking 0.9390 $ 2,134 $ 2,180 $ 2,226 $ 2,274 $ 2,322 $ 2,371 $ 2,422 $ 2,473 $ 2,525 $ 2,579 $ 2,633 $ 2,689 $ 41,452
Local Total 28.8484 $ 60,915 $ 66,973 $ 68,401 $ 69,857 $ 71,343 $ 72,858 $ 74,404 $ 75,980 $ 77,588 $ 79,229 $ 80,902 $ 82,608 $ 1,246,274
Non-Capturable Millages Millage Rate
Comm College Debt 0.2000 $ 414 $ 475 $ 485 $ 496 $ 507 $ 517 $ 529 $ 540 $ 552 $ 563 $ 575 $ 588 $ 8,735
Hackley Debt 0.2500 $ 588 $ 667 $ 683 $ 698 $ 714 $ 730 $ 747 $ 764 $ 781 $ 799 $ 817 $ 835 $ 12,323
MPS Debt 2020 0.6500 $ 2,610 $ 2,854 $ 2,932 $ 3,012 $ 3,093 $ 3,176 $ 3,261 $ 3,347 $ 3,435 $ 3,524 $ 3,616 $ 3,709 $ 53,509
MPS Debt 2021 6.8500 $ 14,034 $ 16,141 $ 16,489 $ 16,843 $ 17,204 $ 17,572 $ 17,948 $ 18,331 $ 18,722 $ 19,121 $ 19,528 $ 19,943 $ 296,641
Non-Capturable Total 7.9500 $ 14,353 $ 16,731 $ 17,066 $ 17,407 $ 17,755 $ 18,111 $ 18,473 $ 18,842 $ 19,219 $ 19,603 $ 19,995 $ 20,395 $ 305,890
Total Tax Increment Revenue (TIR) Available for Capture $ 60,915 $ 66,973 $ 68,401 $ 69,857 $ 71,343 $ 72,858 $ 74,404 $ 75,980 $ 77,588 $ 79,229 $ 80,902 $ 82,608 $ 1,246,274
$ 1,246,274
NOTES:
TOTAL Capture
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Table 3 – Estimated Reimbursement Schedule Fishbeck | 1 of 2
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Developer Maximum Reimbursement Proportionality Local Taxes Total
Estimated Capture $ 823,500
Local 100.0% $ 823,500 $ 823,500 Estimated Total Administrative Fees $ 62,314
26
TOTAL Years of Plan: State Brownfield Redevelopment Fund $ -
Local 100.0% $ 823,500 $ 823,500 Local Brownfield Revolving Fund $ 360,460
0 1 2 3 4 5 6 7 8 9 10 11 12
2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038
Total Local Incremental Revenue $ - $ 9,456 $ 18,929 $ 19,324 $ 19,728 $ 20,140 $ 20,560 $ 20,989 $ 21,426 $ 26,600 $ 27,221 $ 27,853 $ 28,499
BRA Administrative Fee (5%) $ - $ 473 $ 946 $ 966 $ 986 $ 1,007 $ 1,028 $ 1,049 $ 1,071 $ 1,330 $ 1,361 $ 1,393 $ 1,425
Local TIR Available for Reimbursement $ - $ 8,983 $ 17,982 $ 18,358 $ 18,742 $ 19,133 $ 19,532 $ 19,939 $ 20,355 $ 25,270 $ 25,860 $ 26,461 $ 27,074
Total Local TIR Available $ - $ 8,983 $ 17,982 $ 18,358 $ 18,742 $ 19,133 $ 19,532 $ 19,939 $ 20,355 $ 25,270 $ 25,860 $ 26,461 $ 27,074
Beginning
DEVELOPER Balance
Reimbursement Balance $ 823,500 $ 823,500 $ 814,517 $ 796,535 $ 778,177 $ 759,435 $ 740,302 $ 720,770 $ 700,830 $ 680,476 $ 655,206 $ 629,346 $ 602,885 $ 575,811
Local Only Eligible Costs $ 823,500 $ 823,500 $ 823,500 $ 814,517 $ 796,535 $ 778,177 $ 759,435 $ 740,302 $ 720,770 $ 700,830 $ 680,476 $ 655,206 $ 629,346 $ 602,885
Local Tax Reimbursement $ 823,500 $ - $ 8,983 $ 17,982 $ 18,358 $ 18,742 $ 19,133 $ 19,532 $ 19,939 $ 20,355 $ 25,270 $ 25,860 $ 26,461 $ 27,074
Total Local-Only Reimbursement Balance $ 823,500 $ 814,517 $ 796,535 $ 778,177 $ 759,435 $ 740,302 $ 720,770 $ 700,830 $ 680,476 $ 655,206 $ 629,346 $ 602,885 $ 575,811
Total Annual Developer Reimbursement $ - $ 8,983 $ 17,982 $ 18,358 $ 18,742 $ 19,133 $ 19,532 $ 19,939 $ 20,355 $ 25,270 $ 25,860 $ 26,461 $ 27,074
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Total LBRF Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from state and local TIR.
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Table 3 – Estimated Reimbursement Schedule Fishbeck | 2 of 2
Act 381 Brownfield Plan
1937 Lakeshore Drive, Muskegon
Developer Maximum Reimbursement
Local
TOTAL
Local
13 14 15 16 17 18 19 20 21 22 23 24 25 26
2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 TOTAL
Total Local Incremental Revenue $ 49,423 $ 55,067 $ 60,915 $ 66,973 $ 68,401 $ 69,857 $ 71,343 $ 72,858 $ 74,404 $ 75,980 $ 77,588 $ 79,229 $ 80,902 $ 82,608 $ 1,246,274
BRA Administrative Fee (5%) $ 2,471 $ 2,753 $ 3,046 $ 3,349 $ 3,420 $ 3,493 $ 3,567 $ 3,643 $ 3,720 $ 3,799 $ 3,879 $ 3,961 $ 4,045 $ 4,130 $ 62,314
Local TIR Available for Reimbursement $ 46,952 $ 52,314 $ 57,869 $ 63,624 $ 64,981 $ 66,365 $ 67,776 $ 69,215 $ 70,684 $ 72,181 $ 73,709 $ 75,267 $ 76,856 $ 78,478 $ 1,183,960
Total Local TIR Available $ 46,952 $ 52,314 $ 57,869 $ 63,624 $ 64,981 $ 66,365 $ 67,776 $ 69,215 $ 70,684 $ 72,181 $ 73,709 $ 75,267 $ 76,856 $ 78,478 $ 1,183,960
DEVELOPER
Reimbursement Balance $ 528,859 $ 476,545 $ 418,676 $ 355,052 $ 290,071 $ 223,706 $ 155,931 $ 86,715 $ 16,032 $ - $ - $ - $ - $ - $ -
Local Only Eligible Costs $ 575,811 $ 528,859 $ 476,545 $ 418,676 $ 355,052 $ 290,071 $ 223,706 $ 155,931 $ 86,715 $ 16,032 $ - $ - $ - $ - $ -
Local Tax Reimbursement $ 46,952 $ 52,314 $ 57,869 $ 63,624 $ 64,981 $ 66,365 $ 67,776 $ 69,215 $ 70,684 $ 16,032 $ - $ 823,500
Total Local-Only Reimbursement Balance $ 528,859 $ 476,545 $ 418,676 $ 355,052 $ 290,071 $ 223,706 $ 155,931 $ 86,715 $ 16,032 $ - $ - $ - $ - $ - $ 823,500
Total Annual Developer Reimbursement $ 46,952 $ 52,314 $ 57,869 $ 63,624 $ 64,981 $ 66,365 $ 67,776 $ 69,215 $ 70,684 $ 16,032 $ - $ - $ - $ - $ 823,500
LOCAL BROWNFIELD REVOLVING FUND
LBRF Deposits * $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 56,150 $ 129,859 $ 205,126 $ 281,982 $ 360,460
State Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Local Tax Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 56,150 $ 73,709 $ 75,267 $ 76,856 $ 78,478 $ 360,460
Total LBRF Capture $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 56,150 $ 73,709 $ 75,267 $ 76,856 $ 78,478 $ 360,460
* Up to five years of capture for LBRF Deposits after eligible activities are reimbursed. May be taken from state and local TIR.
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Appendix
1 Page 140 of 551
Page Intentionally Left Blank
Brownfield Plan Resolution(s) and Notices Pending
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Appendix
2 Page 142 of 551
Page Intentionally Left Blank
Development and Reimbursement Agreement Pending
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Appendix
3 Page 144 of 551
200% in the number of seasonal/recreational properties between 2010 and 2020.
While vacation rentals and seasonal/recreational housing are an important component
of the local economy, this portion of the housing market should be closely monitored
to ensure sufficient permanent housing is available for current and potential future
residents.
Home sales activity in the PSA appears to have slowed in 2022 after two years
of increases, while the median sale price increased in each of the past three years
and increased by 75% since 2019 – Home sales within the PSA (Muskegon)
increased each full year between 2019 and 2021, reaching its peak of 627 homes sold
in 2021. Based on sales activity from January 2022 to November 2022, it appears that
homes are selling at a slower rate in the PSA compared with past years. Note that the
median sale price increased by 75% between 2019 and 2022, primarily impacted by
the 50.8% increase between 2020 and 2021. Given the rapid increases in median sale
prices, many households, particularly lower-income households, are likely finding
homebuying a greater challenge in recent years.
*Through November
Overall, there is a relatively limited amount of for-sale housing available for
purchase in the PSA, and while a notable portion of available housing is
affordable to lower-income households, these homes a generally over 70 years
old and likely have additional costs associated with repairs or improvements
that many households cannot afford. Based on information provided by the
Multiple Listing Service and the Muskegon County Equalization Department, we
identified 84 housing units within the PSA (Muskegon) and 219 housing units within
the SSA (Balance of County) that were listed as available for purchase as of
November 2022. Overall, the 84 homes listed as available for purchase represent less
than two months (1.9 months) of supply. Typically, healthy and well-balanced
markets have an available supply that should take about four to six months to absorb
(if no other units are added to the market). The PSA’s less than two months of
inventory is considered low and indicates limited available supply. Additionally, the
84 homes available for sale in the city of Muskegon represent 1.2% of the 5,246
owner-occupied units in the city. Typically, in healthy, well-balanced markets,
approximately 2% to 3% of the for-sale housing stock should be available for
BOWEN NATIONAL RESEARCH II-11
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Housing Gap Estimates
The PSA has an overall housing gap of 2,924 units for rental and for-sale
product at a variety of affordability levels - It is projected that the city has a five-
year rental housing gap of 1,611 units and a for-sale housing gap of 1,313 units.
While there are housing gaps among all affordability levels of both rental and for-
sale product, the rental housing gap is distributed most heavily among the lower
priced product (rents of $1,430 or less) and the for-sale housing gap is primarily for
product priced at $190,668 or higher. Details of this analysis, including our
methodology and assumptions, are included in Section VIII.
The following table summarizes the approximate potential number of new residential
units that could be supported in the PSA (Muskegon) over the next five years.
PSA (Muskegon) Housing Gap Estimates (2022 to 2027) – Number of Units Needed
Housing Segment Number of Units
Extremely Low-Income Rental Housing (<$536/Month Rent) 385
Very Low-Income Rental Housing ($537-$894/Month Rent) 321
Rentals
Low-Income Rental Housing ($895-$1,430/Month Rent) 403
Moderate-Income Rental Housing ($1,431-$2,145/Month Rent) 295
High-Income Market-Rate Rental Housing ($2,146+/Month Rent) 207
TOTAL UNITS 1,611
Entry-Level For-Sale Homes (<$71,500 Price Point) 238
Very Low-Income For-Sale Homes ($71,501-$119,167) 176
For-Sale
Low-Income For-Sale Homes ($119,168-$190,667 Price Point) 164
Moderate-Income For-Sale Homes ($190,668-$286,000 Price Point) 413
High-Income Upscale For-Sale Housing ($286,001+ Price Point) 322
TOTAL UNITS 1,313
The preceding estimates are based on current government policies and incentives,
recent and projected demographic trends, current and anticipated economic trends,
and available and planned residential units. Numerous factors impact a market’s
ability to support new housing product. This is particularly true of individual housing
projects or units. Certain design elements, pricing structures, target market segments
(e.g., seniors, workforce, families, etc.), product quality and location all influence the
actual number of units that can be supported. Demand estimates could exceed those
shown in the preceding table if the community changes policies or offers incentives
to encourage people to move into the market or for developers to develop new
housing product.
BOWEN NATIONAL RESEARCH II-16
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OFFICE
BATHROOM
PARKING GARAGE
63'-041"
16 X 8 GARAGE DOOR
WELCOME
RETAIL
1,316 SQ. FT.
C.E. METER
Randers EC
C.E. METER
ENGINEERS & CONSTRUCTORS, INC.
GAS METER V 11 10 9 8 7 6
CARD
READER CARD CARD
#2 READER READER
#3 #4
LANDING LANDING
1st UP TO 2nd
1ST FLOOR PLAN
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MASTER
ELEVATOR CLOSET
W.H.
UNIT #1
UP TO 3rd 1 BED/1 BATH
705 SQ. FT.
UNIT #6
2 BED/1 BATH
750 SQ. FT.
UNIT #2
2 BED/1 BATH
W.H. 786 SQ. FT.
W.H.
UNIT #3
2 BED/2 BATH
1,088 SQ. FT.
Randers EC
STORAGE
SHOWER
ENGINEERS & CONSTRUCTORS, INC.
UNIT #4
2 BED/1 BATH
862 SQ. FT. W.H.
UNIT #5
2 BED/1 BATH
871 SQ. FT.
W.H. W.H.
LANDING LANDING
CARD
READER
#5
2nd UP TO 3rd
2ND FLOOR PLAN
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A.D.A SINK
ELEVATOR UNIT #7
2 BED/1 BATH
1,027 SQ. FT.
TO 2nd
A.D.A UNIT #11
1 BED/1 BATH
586 SQ. FT.
W.H.
MECH ROOM
A.D.A BATHROOM
MASTER
CLOSET
W.H.
W.H.
UNIT #8
2 BED/1 BATH
W.H.
1,053 SQ. FT.
PANTRY
Randers EC
ENGINEERS & CONSTRUCTORS, INC.
W.H.
UNIT #10
3 BED/2 BATH
1,344 SQ. FT.
UNIT #9
2 BED/1 BATH
1,081 SQ. FT.
LANDING LANDING
3rd DOWN TO 2nd
CARD
READER
#6
3RD FLOOR PLAN
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BRICK STANDARD TYPE &
COLOR TO BE CONFIRMED
VINYL SIDING TYPE &
COLOR TO BE CONFIRMED
KEYSTONE STONE HEADER
ABOVE WINDOWS & DOORS
AT 1ST FLOOR ALONG WITH
TOP PARAPET STONE BAND.
TYPE & COLOR TO BE
CONFIRMED
SMOOTH BLOCK TYPE &
COLOR TO BE CONFIRMED
MANUFACTURED METAL
BALCONIES TO BE
FURNISHED & INSTALLED BY
SUPPLIER
1
9
3
7
ENCORE
AT HARBOR THEATER
Randers EC
ENGINEERS & CONSTRUCTORS, INC.
Page 151 of 551
BRICK STANDARD TYPE &
COLOR TO BE CONFIRMED
VINYL SIDING TYPE &
COLOR TO BE CONFIRMED
KEYSTONE STONE HEADER
ABOVE WINDOWS & DOORS
AT 1ST FLOOR ALONG WITH
TOP PARAPET STONE BAND.
TYPE & COLOR TO BE
CONFIRMED
SMOOTH BLOCK TYPE &
COLOR TO BE CONFIRMED
MANUFACTURED METAL
BALCONIES TO BE
FURNISHED & INSTALLED BY
SUPPLIER
BANDBOARD TYPE & COLOR
TO BE CONFIRMED
Randers EC
ENGINEERS & CONSTRUCTORS, INC.
UTILITIES
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the April 13th Worksession Meeting and the April 14th Commission Meeting.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 153 of 551
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
April 13, 2026 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The City Commission Worksession Meeting of the City of Muskegon was held at
City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Monday, April
13, 2026.
Present: Mayor Ken Johnson, Vice Mayor Destinee Keener, Commissioners
Katrina Kochin, Rebecca St.Clair, Jay Kilgo, Willie German, Jr., and Kiley
Jackson, City Manager Jonathan Seyferth, and City Clerk Ann Marie Meisch
2026-24 NEW BUSINESS
A. Muskegon Violence Prevention Update Public Safety
Public Safety Director Tim Kozal introduced Lauren Melfrum, Marquette and
Yadira who presented the background and accomplishments of the Muskegon
Violence Prevention program.
Muskegon Violence Prevention (MVP) is a youth-led violence prevention group
made up of high school-age youth from Muskegon County. They serve as the
Youth Advisory Board for the University of Michigan Youth Violence Prevention
Center.
Our Vision: We imagine a community where everyone belongs and can be
themselves without judgment or fear.
Our Mission: MVP centers youth voice in gun violence prevention with a focus
on education and community building.
B. CDBG/HOME Presentation Community & Neighborhood Services
Community and Neighborhood Services Director Sharonda Carson gave a
presentation on the CDBG and HOME funds for the creation of the 2026
Consolidated Plan.
Community and Neighborhood Services (CNS) is developing the 2026–2030
Regional Consolidated Plan in partnership with the City of Norton Shores and
the City of Muskegon Heights. As entitlement communities, the three
jurisdictions collaborate to prepare a shared Regional Consolidated Plan that
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establishes housing, community development, and economic development
priorities for the five-year planning period. The plan will guide the use of
Community Development Block Grant (CDBG) and HOME Investment
Partnerships Program (HOME) funds and will help ensure that federal resources
are directed toward the highest priority needs identified across the region.
As part of the planning process, the three communities are conducting a
regional needs assessment and community survey to gather input on housing
needs, neighborhood conditions, public services, and community
development priorities. Outreach efforts have included consultation with
municipal staff, local service providers, housing agencies, nonprofit
organizations, and residents from each jurisdiction. Public input collected
through surveys, meetings, and stakeholder discussions will be used to help
establish regional goals, identify priority activities, and ensure that the 2026–
2030 Regional Consolidated Plan reflects the most pressing needs of low- and
moderate-income residents throughout Muskegon, Muskegon Heights, and
Norton Shores.
C. Municipal Climate Action Plan Update Manager's Office
Director of Government Relations Pete Wills, in celebration of Earth Day 2026
(April 22nd), provided a brief progress update on the City's organizational—
Climate Action Plan (CAP) adopted by the City Commission in June 2025.
In April 2023, the City Commission declared its commitment to climate action
initiatives and to combat the impact of climate change on our community. The
City is committed to reducing the risks of climate change by implementing
actions that save money, improve productivity, and lower greenhouse gas
(GHG) emissions, specifically of City-owned assets and infrastructure. The
objective is to reduce the GHG emissions from City-owned buildings, facilities,
vehicles, waste and land through deliberative budget, policy, and
administrative actions. Understanding which facilities are the highest
contributors to the City’s organizational GHG emissions can inform investments
in energy efficiency, renewable energy, and operational improvements to
maximize emissions reductions.
Adopted by the Commission in June 2025, the CAP serves as a roadmap for
achieving net-zero GHG emissions from municipal operations by 2040. The Plan
positions Muskegon to secure funding and adopt emerging solutions in
sustainability. The CAP’s content is organized into 5 focus areas, 18 objectives,
and 97 actions. The CAP’s Focus Areas include – Buildings and Facilities;
Transportation; Waste; Land Use & Resilience; Implementation.
Staff continues to advance key priorities though strategic partnerships, external
funding opportunities, energy performance contracting, and energy
benchmarking programs.
PUBLIC COMMENT
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Public comments received.
2026-25 CLOSED SESSION
A. Attorney/Client Confidential Communication Manager's Office
Motion by Commissioner St.Clair, second by Vice Mayor Keener, to go into
Closed Session to consider material exempt from discussion or disclosure by
State or Federal statute being an attorney client communication.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Jackson, Kochin, and
St.Clair
Nays: None
MOTION PASSES
Motion by Commissioner German, second by Commissioner Kilgo, to come out
of Closed Session.
ROLL VOTE: Ayes: Jackson, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
Motion by Commissioner Kilgo, second by Commissioner German, to authorize
City Manager to retain a qualified Bankruptcy Attorney.
ROLL VOTE: Ayes: German, Jackson, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
ADJOURNMENT
The City Commission meeting adjourned at 8:18 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
April 14, 2026 @ 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, April 14, 2026.
Mayor Johnson opened the meeting with a moment of silence, after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Destinee Keener, Commissioners
Rebecca St.Clair, Jay Kilgo, Willie German, Jr., Kiley Jackson, and Katrina
Kochin, City Manager Jonathan Seyferth, City Attorney Brennen Gorman, and
City Clerk Ann Marie Meisch
2026-26 PUBLIC HEARINGS
A. Regional Consolidated Plan 2026-2030 Community & Neighborhood
Services
Community and Neighborhood Services to host a public hearing for the
Regional Consolidated Plan 2026-2030.
Community and Neighborhood Services (CNS) is developing the 2026–2030
Regional Consolidated Plan in partnership with the City of Norton Shores and
the City of Muskegon Heights. As entitlement communities, the three
jurisdictions collaborate to prepare a shared Regional Consolidated Plan that
establishes housing, community development, and economic development
priorities for the five-year planning period. The plan will guide the use of
Community Development Block Grant (CDBG) and HOME Investment
Partnerships Program (HOME) funds and will help ensure that federal resources
are directed toward the highest priority needs identified across the region.
As part of the planning process, the three communities are conducting a
regional needs assessment and community survey to gather input on housing
needs, neighborhood conditions, public services, and community
development priorities. Outreach efforts have included consultation with
municipal staff, local service providers, housing agencies, nonprofit
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organizations, and residents from each jurisdiction. Public input collected
through surveys, meetings, and stakeholder discussions will be used to help
establish regional goals, identify priority activities, and ensure that the 2026–
2030 Regional Consolidated Plan reflects the most pressing needs of low- and
moderate-income residents throughout Muskegon, Muskegon Heights, and
Norton Shores.
STAFF RECOMMENDATION: To conduct a public hearing.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Vice Mayor Keener, second by Commissioner German, to close the
public hearing.
ROLL VOTE: Ayes: Keener, German, Jackson, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
B. Request to Establish an Industrial Development District at 331 W. Laketon
Ave. Economic Development
Pursuant to Public Act 198 of 1974, as amended, American Fabricated
Products, 16910 148th Ave., Spring Lake, MI has requested the establishment of
an Industrial Development District for property located at 331 W. Laketon Ave.
American Fabricated Products (American Fab) has submitted a request to
establish an Industrial Development District at 331 W. Laketon Ave, the former
Intra City Dispatch facility. American Fab purchased the building in 2025 and
plans to move all of their business operations to this location. American Fab
plans to make significant capital investments into rehabbing the facility and
anticipates adding additional jobs.
According to Public Act 198 of 1974, as amended, the creation of an Industrial
Development District is a required first step before a business can apply for an
Industrial Facilities Tax (IFT) Exemption certificate, which provides a property tax
abatement on qualified real property investments.
STAFF RECOMMENDATION: I move to close the public hearing and approve the
resolution establishing an Industrial Development District at 331 W. Laketon
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 Commissioner St.Clair, to close the
public hearing and approve the resolution establishing an Industrial
Development District at 331 W. Laketon Ave., and authorize the Mayor and City
Clerk to sign.
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ROLL VOTE: Ayes: German, Jackson, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
C. PA 198 Industrial Facilities Exemption - 2246 Olthoff Dr. Economic
Development
Pursuant to Public Act 198 of 1974, as amended, A.B. Electrical Wires, Inc., 2246
Olthoff Dr., has requested the issuance of an Industrial Facilities Exemption
Certificate for the property located at 2246 Olthoff Dr.
A.B. Electrical Wires, Inc. is requesting an Industrial Facilities Exemption (IFT)
certificate for real property improvements at 2246 Olthoff Dr., located within
the Port City Industrial Park, an area designated as an Industrial Development
District in 1983. The company is proposing a real property investment of
approximately $3,243,486 to support the expansion of its existing facility,
including the construction of an addition totaling approximately 39,750 square
feet.
A.B. Electrical Wires, Inc. specializes in the design, engineering, and
manufacturing of wire and cable harness assemblies and industrial control
panel solutions used across a wide range of industries. The proposed expansion
will support increased production capacity and continued growth of the
company’s operations.
In addition to the physical expansion, the company anticipates creating over
30 new jobs within the next two years, further contributing to local employment
and economic development within the City of Muskegon.
The company has also signed the City’s Equal Employment Opportunity and
Inclusive Workforce Development Letter, affirming its commitment to building a
workforce that reflects the diversity of the community. The City’s EEO &
Employee Relations Director, in collaboration with the Economic Development
Department, will monitor the company’s progress toward these workforce
goals.
Following review, the City’s Internal Tax Committee recommends approval of a
12-year abatement term for the proposed investment.
STAFF RECOMMENDATION: I move to close the public hearing and approve the
Industrial Facilities Exemption Certificate for A.B. Electrical Wires, Inc., 2246
Olthoff Dr., and further authorize the Mayor and City Clerk to execute the
resolution and all related agreement documents, as presented.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
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Motion by Commissioner Kochin, second by Commissioner German, to close
the public hearing and approve the Industrial Facilities Exemption Certificate
for A.B. Electrical Wires, Inc., 2246 Olthoff Dr., and further authorize the Mayor
and City Clerk to execute the resolution and all related agreement documents,
as presented.
ROLL VOTE: Ayes: Jackson, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were made.
2026-27 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the March 24, 2026, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. Workforce Housing Restrictive Covenant - Ryskamp Builders Economic
Development
Dave Ryskamp is developing workforce housing targeted duplexes and
accessory dwelling units in the Jackson Hill Neighborhood and seeks a
Workforce PILOT.
Dave Ryskamp has an approved site plan for 4 duplexes, each with rear yard
Accessory Dwelling Units (ADU's) on Adams Street in the Jackson Hill
Neighborhood. He is targeting rents in the range conducive 80-120% AMI for
our community. The units will have an affordability period for 15 years, and the
Payment in Lieu of Taxes to the City as well as other taxing jurisdictions will be
10% of shelter rents.
STAFF RECOMMENDATION: Motion to approve the Workforce Housing Restrictive
Covenant between the City of Muskegon and Ryskamp Properties 4 LLC as
presented and authorize the Mayor and Clerk to sign.
C. Resolution for Workforce Housing Tax Exemption - Ryskamp
Builders Economic Development
Dave Ryskamp is developing workforce housing targeted duplexes and
accessory dwelling units in the Jackson Hill Neighborhood and seeks a
Workforce PILOT.
Dave Ryskamp has an approved site plan for 4 duplexes, each with rear yard
Accessory Dwelling Units (ADU's) on Adams Street in the Jackson Hill
Neighborhood. He is targeting rents in the range conducive 80-120% AMI for
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our community. The units will have an affordability period for 15 years, and the
Payment in Lieu of Taxes to the City as well as other taxing jurisdictions will be
10% of shelter rents.
STAFF RECOMMENDATION: Motion to approve the Resolution for Housing Tax
Exemption for Ryskamp Properties 4 LLC as presented and authorize the Mayor
and Clerk to sign.
D. Resolution to approve the NEZ District at 1937 Lakeshore
Drive. Economic Development
Pursuant to Public Act 147 of 1992, as amended, the City of Muskegon has
received a request to establish a Neighborhood Enterprise Zone (NEZ) district for
the property located at 1937 Lakeshore Drive (the old Harbor Theater).
The proposed NEZ district would support the development of residential
condominium units at this location. If established, eligible property owners
within the district would be able to apply for NEZ certificates, which provide a
reduction in property taxes on newly constructed or rehabilitated residential
housing. Only the residential portion of the proposed condominium
development would be eligible for NEZ benefits.
This property, commonly referred to as the old Harbor Theater, may be familiar
to the Commission, as it has been the subject of several prior actions. The
Commission has previously considered and approved the revocation of the
former OPRA certificate, established a Commercial Redevelopment District,
and approved associated tax abatements, all of which included a few
required public hearings.
The proposed NEZ district represents the next and final step to support the
residential portion of the redevelopment project. While no additional actions
are required at this time for the NEZ district, the project may return to the
Commission in the future for consideration of additional incentives, including a
potential transition of the tax abatement structure from the Commercial
Redevelopment Act to OPRA, as well as a Brownfield Plan.
In accordance with State requirements, notice of the proposed NEZ district was
mailed to all affected taxing jurisdictions on January 28, 2025, and a public
hearing was held on March 10, 2026. State law also requires that a resolution
establishing an NEZ district not be adopted until at least 60 days after notice
has been issued.
The proposed resolution to establish the NEZ district at 1937 Lakeshore Drive is
now being presented for City Commission consideration. State law allows up to
15% of a local government’s total land area to be designated as NEZ districts.
The City of Muskegon currently utilizes 13.34% of its allowable NEZ designation,
and the addition of this district would remain within the statutory limit.
STAFF RECOMMENDATION: I move to approve the resolution establishing the
Neighborhood Enterprise Zone district at 1937 Lakeshore Drive, as presented.
E. Contract Award: Hartshorn Marina Dredging DPW- Marina
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Staff requests authorization to enter into a contract with Civil Construction
Solutions LLC in the amount of $427,240.48 for the dredging of Hartshorn Marina.
Hartshorn Marina was last dredged in approximately 2020, and recent seasons
have suffered from sediment settling in the entrance to the marina and are
making it difficult for some slips to host boats of the size they were designed for
due to shallow waters. Staff solicited bids for dredging via an RFP issued
February 20, 2026, and an addendum issued March 9, 2026. The bids were as
follows:
Civil Construction Solutions, LLC $427,240.48
The King Co., Inc. $519,042.88
Tucker Marine Construction $597,296.00
Sediment Removal Services $784,938.00
The bids came in higher than anticipated, however the marina fund's
unrestricted net position - thanks to previous investments from the general fund
- is able to spend down fund balance to cover the cost. The work will happen
later in the fall to avoid the 2026 boating season. The expenditure will be
included in the FY26-27 budget presented to the Commission later this spring, if
approved.
STAFF RECOMMENDATION: Move to authorize staff to enter into a contract with
Civil Construction Solutions LLC in the amount of $427,240.48 for the dredging of
Hartshorn Marina.
F. City Commission Handbook Manager's Office
Staff is requesting approval of the new Commission handbook and the
associated policies.
Staff has gathered various rules, procedures, and policies that apply to the
Commissioners to develop a handbook that can easily be referenced. Some
changes have been made to the information gathered to better match
current practices or make common sense adjustments. A new attendance
policy has been included based on the work of the committee established to
set that policy. Travel costs have been updated, and spending limits have
been modified in the purchasing policy. Additional revisions have been made
after discussion and direction given at the February Legislative Policy
Committee meeting.
Staff recommends this handbook be reviewed annually to ensure
Commissioners are aware of the policies included.
STAFF RECOMMENDATION: to approve the City Commission Handbook as
presented.
G. Amendment to the Zoning Ordinance - Removing B-3 and RT
Districts. Planning
Staff-initiated request to amend the zoning ordinance by eliminating B-3,
Central Business, and RT, Two-Family Residential districts, and all other
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references to these districts in the zoning ordinance.
The B-3, Central Business District has been replaced by the Form Based Code
(FBC). All properties that were zoned B-3 were rezoned to FBC in 2015, and
there would be no reason to rezone any new parcels to B-3. Once removed,
Section 1200 (B-3) will be reserved for future use in the zoning ordinance.
In 2025, all properties zoned RT, Two-Family residential were rezoned to R,
Residential. The RT district is no longer needed since zoning reform was passed
in 2024. Duplexes may now be built in R districts. Section 600 (RT) will be
reserved for future use in the zoning ordinance.
STAFF RECOMMENDATION: I move the request to amend the zoning ordinance
by eliminating B-3, Central Business, and RT, Two-Family Residential districts, and
all other references to these districts be approved.
I. Amendment to the Zoning Ordinance - Establishing Minimum Density
Requirements in Multi-Family Districts Planning
Staff-initiated request to amend Sections 703, 803, and 903 to set minimum
density requirements for multi-family housing districts.
The zoning ordinance sets maximum density requirements for multi-family
housing. These standards can be viewed in the RM-1 (Low-Density Multiple-
Family), RM-2 (Medium-Density Multiple-Family), and RM-3 (High-Density
Multiple-Family) sections of the zoning ordinance.
Staff is proposing to set a minimum density requirement in these districts as well,
to ensure the proper amount of housing in each development. Currently, a
property zoned RM-3, designated for the highest density, could use the
development standards of the RM-1 districts, which would allow for the
development of a lone, single-family house.
STAFF RECOMMENDATION: I move the request to amend Sections 703, 803, and
903 to set minimum density requirements for multi-family housing districts be
approved.
J. Fireworks Display Permit for Muskegon Country Club City Clerk
Pyrotecnico Fireworks, Inc., is requesting approval of a fireworks display permit
for Thursday, July 2, 2026, at Muskegon Country Club, 2801 Lakeshore Drive. The
Fire Marshall will inspect the fireworks on the day of the event.
STAFF RECOMMENDATION: Approve the fireworks display permit for Pyrotecnico
Fireworks, Inc., pending site inspection the day of the launch.
L. Resolution to Approve the NEZ District at 2400 Lakeshore Dr Economic
Development
Pursuant to Public Act 147 of 1992, as amended, the City of Muskegon has
received a request to establish a Neighborhood Enterprise Zone (NEZ) district for
the property located at 2400 Lakeshore Drive, commonly known as Windward
Pointe and the former Sappi Paper Mill site.
The proposed NEZ district would support the development of single-family,
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owner-occupied residential units within the development at 2400 Lakeshore
Drive. The district request letter includes two outlined areas, with the larger 44-
acre area representing Phase 1 of the development and the smaller 21.46-acre
area representing Phase 2. If established, eligible property owners within the
district would be able to apply for NEZ certificates, which provide a reduction in
property taxes on newly constructed residential housing.
In accordance with State requirements, notice of the proposed NEZ district was
mailed to all affected taxing jurisdictions on February 12, 2026, and a public
hearing was held within the required timeframe. A map was included with the
notice; however, an incomplete image of the district was inadvertently
provided. No comments or requests for clarification were received from any
taxing jurisdictions. State law also requires that a resolution establishing an NEZ
district not be adopted until at least 60 days after notice has been issued.
The proposed resolution to establish the NEZ district at 2400 Lakeshore Drive is
now being presented for City Commission consideration. State law allows up to
15% of a local government’s total land area to be designated as NEZ districts.
The City of Muskegon currently utilizes 13.34% of its allowable NEZ designation.
Based on the addition of the proposed district, it is estimated that the City’s
total NEZ district land area will be approximately 14.1%, remaining within the
statutory limit. At the request of the City Commission, staff also evaluated the
cumulative NEZ district acreage associated with projects submitted by the
same developer, including Terrace Point Landing, the Shaw development, and
the proposed Sappi district, which total 85.94 acres and would represent
approximately 0.91% of the City’s total land area if the Sappi district is
approved.
STAFF RECOMMENDATION: I move to approve the resolution establishing the
Neighborhood Enterprise Zone district at 2400 Lakeshore Drive, as presented.
M. SOAR Business Partner Agreement Approval Economic Development
The City of Muskegon is considering entering into a Business Partnership
Agreement with SOAR™ by Cornerstone University. This partnership would
provide eligible City employees and their immediate family members with
access to flexible, online degree programs and up to $1,950 annually in
scholarship support.
The City of Muskegon is considering entering into a Business Partnership
Agreement with SOAR by Cornerstone University, an online higher education
program designed to provide flexible and affordable degree pathways for
working individuals.
Through this partnership, eligible City employees and their immediate family
members would have access to fully online, mobile-friendly degree programs
that are self-paced and designed to accommodate work and personal
schedules. Participants may receive up to $1,950 annually in scholarship
funding through the Business Partner program, in addition to any available
Federal or State financial aid.
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The program offers multiple degree pathways, including associate, bachelor’s,
and master’s level programs. Tuition is structured at approximately $2,400 per
four-month term for associate and bachelor’s programs, and approximately
$3,750 per four-month term for master’s programs. These rates are less than half
the national average for private online degree programs.
The City of Muskegon also offers a tuition reimbursement benefit for eligible
employees, providing up to 75% of tuition, including required course fees, for all
passing grades, with a maximum of $2,500 annually for undergraduate studies
and $3,000 annually for graduate and post-graduate studies.
During initial discussions, City staff expressed concerns regarding certain
general education course content related to religious perspectives. Following
continued dialogue, the SOAR team revised and expanded the course
offerings to ensure they are inclusive and accessible to all participants,
regardless of background or belief. This opportunity is intended for employees
interested in furthering their education to support career advancement and
professional development. Participation in the SOAR program aligns with the
City’s broader workforce development goals by expanding access to
continuing education and skill-building opportunities.
This agreement is being presented for City Commission awareness and
authorization.
STAFF RECOMMENDATION: I move to authorize the City Manager to enter into
the Business Partnership Agreement with SOAR by Cornerstone University, as
presented.
N. Henry Corridor Signal Project - Engineering Amendment - Right-of-Way
Effort Public Works
Staff requests approval of the Design Services Amendment in the amount of
$35,000 from Rowe Professional Services Company for the completion of the
necessary Right-of-Way services.
During the design of the Henry Corridor Signal project, it has been determined
that temporary easements and permanent right-of-way takes are necessary to
complete this project. Therefore, Rowe Professional Services Company is
requesting additional funds to complete the necessary Right-of-Way
acquisition services for the Henry Corridor Signal Improvements Project as
outlined in their amendment.
STAFF RECOMMENDATION: Authorize staff to modify the existing professional
services agreement with Rowe Professional Services Company in the amount of
$35,000 adding Right-of-Services to their Henry Corridor Signal Improvements
project.
O. Extension of Partnership Agreement: Boys & Girls Club of the Muskegon
Lakeshore DPW- Parks
Staff is requesting authorization to extend our contract with the Boys & Girls
Club of the Muskegon Lakeshore for temporary staffing services during the 2026
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maintenance season.
DPW typically hires up to 30 seasonal employees each year from GoodTemps
(Goodwill). The staffing provided by this agreement will take the place of an
approximately equal number of our typical seasonal employees, helping DPW
fill our roster during the labor shortage and providing employment and training
for younger community members. Temporary staffing is accounted for in the
annual budget of the departments that use these services. The employees
under this agreement are included in the parks (general) fund budget.
The Boys & Girls Club anticipates providing approximately 8 staff split in two
teams, and in consultation with DPW, identified two service areas that they
would be well suited for:
1. Landscape maintenance, waste-removal and general support in the BID
area downtown.
2. Restroom cleaning and waste removal at various parks.
STAFF RECOMMENDATION: Authorize staff to contract with the Boys and Girls
Club of the Muskegon Lakeshore for temporary staffing services during the 2026
maintenance season.
P. Concession Application - The Thirsty Mitten (Pere Marquette) DPW-
Parks
The Parks Department has received an application from Thirsty Mitten for a
concession agreement to run a mobile food concession at Pere Marquette. Per
the concession policy, their fee to operate at the park in a mobile unit is
$1,000/year + 5% of gross receipts for operations conducted at beach parks.
The applicant has stated their frequency would be weekly with a presence
primarily on weekends. This would be a mobile trailer that is set up on the
weekends near the Kite Shack/new restroom parking lot. Hours of operation
will be Thursday - Saturdays in the summer from 11a.m. - 6p.m. when they do
not have other commitments. The only possible food prep on site would be mini
pancakes, aside from this the vendor would be seeking non-alcoholic
beverages.
STAFF RECOMMENDATION: Move to authorize staff to enter into a concession
agreement with Thirsty Mitten as a mobile concession vendor at Pere
Marquette Park.
Q. Health and Dental Care Renewal Finance
To approve the renewal of Priority Health as the City's fully insured health care
provider and the Third Party Administrator for City's self-funded health care
plan. Also, to renew Delta Dental as the City's dental insurance provider.
STAFF RECOMMENDATION: To approve the renewal of Priority Health as the
City's fully insured health care provider and the Third Party Administrator for
City's self-funded health care plan. Also, to renew Delta Dental as the City's
dental insurance provider.
R. Contract with MATS for Beach Shuttle Service Manager's Office
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Staff is seeking approval of a contract with the Muskegon Area Transit System
to provide bus service to the City's beach parks.
Staff has presented the proposed changes to the beach shuttle program to the
Commission. Adjustments to bus stops have been made based on input from
the Commission balanced with route timing and efficiency. A map of the route
and stops is included in the packet.
At this time, staff is presenting the contract for services which has already been
approved by the County Commission. Costs remain as previously discussed.
STAFF RECOMMENDATION: To approve the contract with MATS and authorize
the Mayor and Clerk to sign.
S. Approve CRC Recommendations City Clerk
To accept the resignation of Deborah Sweet from the Citizens Police Review
Board and appoint Nathaniel Williams to the Citizens District Council-
Community Development Block Grant as a Ward 2 Representative with a term
ending 1/31/27.
STAFF RECOMMENDATION: Motion to approve the recommendations from the
Community Relations Committee.
Motion by Commissioner Kilgo, second by Commissioner St.Clair, to adopt the
Consent Agenda as presented minus items H and K.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Jackson
Nays: None
MOTION PASSES
2026-28 ITEMS REMOVED FROM THE CONSENT AGENDA
H. Amendment to the Zoning Ordinance - Establishing Maximum Lot Widths
in R Districts Planning
Staff-initiated request to amend Section 404 of the zoning ordinance to
establish maximum lot widths in R, Neighborhood Residential districts.
Currently, the zoning ordinance requires a minimum width of 30 feet for
residential lots.
In the Form Based Code, there is also maximum lot widths, which is 60 feet. This
request is to make this same standard a requirement in all R, Residential districts,
not just Form Based Code districts. Minimum lot widths for single-family (30),
duplexes (40) and triplexes (50) will remain the same.
The master plan references the need for zoning restrictions that would eliminate
the possibility of combining several lots, which reduces housing development.
See Goal 2 and Recommendation 2 in the master plan.
STAFF RECOMMENDATION: I move the request to amend Section 404 of the
zoning ordinance to establish maximum lot widths in R, Neighborhood
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Residential districts be approved.
Motion by Commissioner Kochin, second by Commissioner Kilgo, to move the
request to amend Section 404 of the zoning ordinance to establish maximum
lot widths in R, Neighborhood Residential districts be approved.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Jackson, Kochin, and
St.Clair
Nays: None
MOTION PASSES
K. Soccer in the Sand DPW- Parks and Recreation
Soccer in the Sand and Inside Out's Volleyball Tournament have both applied
to hold their events at Pere Marquette on July 25-26, 2026. Per the event policy,
two events cannot occur on the same date at Pere Marquette. Soccer in the
Sand is seeking an exception to be made.
2024 event
2025 changes
2026 changes
Soccer in the Sand Event Details include:
• Location: Pere Marquette (south of the playground)
• Setup: Friday, July 24
• Competition Dates: Saturday, July 25 & Sunday, July 26, 9:00 a.m. – 5:00
p.m.
• Tear down: Sunday, July 26, at 6 pm
• Description: Soccer in the Sand is a 5 v 5 sand soccer tournament held
annually at Pere Marquette since 2018. Teams can consist of 5 to 11
players and play against other teams in a similar age group. Games are
three 11-minute periods. Each team is guaranteed 3 games with
opportunities to advance to the semifinals and finals.
• Attendance: In 2025, there were approximately 1,200 participants, with a
total attendance estimated at approximately 4,000.
Inside Out Volleyball tournament and Soccer in the Sand have been on the
same weekend since their inception. With the exponential growth of the
Soccer in the Sand tournament in 2024, there were significant issues with traffic
at the beach. In 2025, the City's beach shuttle service began, and a total of 86
individuals used the tan line and 110 individuals used the blue line that
weekend. Also in 2025, the tournament changed the scheduling structure to
morning and afternoon blocks. Staff saw an improvement in traffic flow from
the previous year. For the 2026 event, the MATS bus system can start the beach
shuttles earlier to cover the tournament's hours.
STAFF RECOMMENDATION: I move to approve the Soccer in the Sand
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Tournament to be held on July 25-26, 2026, at Pere Marquette provided that
the event works with City staff to cover the costs of additional shuttle hours.
Motion by Commissioner Kilgo, second by Vice Mayor Keener, to approve the
Soccer in the Sand Tournament to be held on July 25-26, 2026, at Pere
Marquette provided that the event works with City staff to cover the costs of
additional shuttle hours.
ROLL VOTE: Ayes: Kilgo, Keener, German, Jackson, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
NEW BUSINESS
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: ITEM REMOVED PER STAFF REQUEST Public Safety
ANY OTHER BUSINESS
Commissioner Kilgo recognized his son Antione Taylor who was elected to his
Student Council in his school.
Vice Mayor Keener stated that Healthy Kids Day will be at McGrath Park, April
17th from 5:00 to 7:00 p.m. She also was able to participate in the People’s
Table and explained the need for donations. This occurs every Sunday at 3:00
p.m. on Houston Avenue.
Commissioner German asked for information on the beach parking passes.
City Manager Jonathan Seyferth explained the process to receive the passes.
Commissioner Kochin stated that the Muskegon Lake Watershed Partnership
Annual Spring Cleanup is this Sunday at 8:30 a.m. and volunteers will meet at
the CIO Hall on Western Avenue. The Third Street Cleanup is April 22nd at 4:30
p.m., and the youth soccer league starts May 5th at 5:00 p.m.
Commissioner St.Clair reminded everyone that we will not have a Commission
Meeting on April 28th because early voting will be held in the Commission
Chambers. On the ballot is a bond proposal for Muskegon Public Schools. If
you are unfamiliar with the proposal, you can contact
Muskegonpublicschools.org website.
GENERAL PUBLIC COMMENT
Public comments received.
2026-29 CLOSED SESSION
A. Attorney Communication Manager's Office
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Motion by Commissioner St.Clair, second by Commissioner German, to go into
Closed Session to consider material exempt from discussion or disclosure by
State or Federal Statute as an attorney client communication.
ROLL VOTE: Ayes: German, Jackson, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
Motion by Commissioner Kilgo, second by Commissioner St.Clair, to come out
of Closed Session.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Jackson, and
Kochin
Nays: None
MOTION PASSES
ADJOURNMENT
The City Commission meeting adjourned at 8:26 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Recommendation to Award RFP for Grocery
Market Analysis and Needs Assessment
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Staff recommends awarding a contract to Plante Moran Realpoint in the amount of $30,000 to
complete a Grocery Market Analysis and Needs Assessment. The City issued an uncapped Request
for Proposals to understand the full range of costs for this type of study. Community partners,
including the Muskegon Lakeshore Chamber of Commerce and Greater Muskegon Economic
Development, support the project and are pursuing grant funding to help offset costs.
Detailed Summary & Background:
In January, the City issued a Request for Proposals (RFP) for a Grocery Market Analysis and Needs
Assessment to better understand local food access, market conditions, and opportunities for future
grocery development. The RFP was issued without a predefined budget in order to assess the full
range of costs and approaches from qualified firms.
This initiative was informed through ongoing discussions with community partners, including the
Muskegon Lakeshore Chamber of Commerce and Greater Muskegon Economic Development, both
of whom have expressed support for the project and are currently pursuing grant funding through
the community foundation to help offset associated costs. As part of these discussions, partners
indicated a willingness to contribute toward the project cost, and the $30,000 proposal from Plante
Moran Realpoint was identified as a feasible shared investment.
In accordance with the City’s purchasing policy, the RFP resulted in thirteen (13) proposals, with bids
ranging from $24,500 to just over $104,000. Late submissions were not considered in compliance with
purchasing requirements. Staff conducted an initial review and shortlisted three firms based on
qualifications, project approach, and cost: Hafezi Capital LLC ($25,000)
New Venture Advisors ($53,000)
Plante Moran Realpoint ($30,000)
Staff also sought input from project partners, including the Muskegon Lakeshore Chamber of
Commerce and Greater Muskegon Economic Development, both of whom expressed a preference
for Plante Moran Realpoint based on the firm’s experience and proposed project team.
Plante Moran Realpoint has proposed a qualified team to lead the market analysis and needs
assessment and demonstrated a strong understanding of the project scope. Staff is recommending
award of the contract in the amount of $30,000. A draft engagement letter outlining the scope of
services is attached for review.
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Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$10,000 - $30,000 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-701-801 Contracted Services Yes No X N/A
Recommended Motion:
I move to approve the award of a contract to Plante Moran Realpoint in the amount of $30,000 for
the completion of a Grocery Market Analysis and Needs Assessment, and authorize the Director of
Development Services to execute the agreement.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X City Purchasing Policy
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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City of Muskegon Request for Proposals (RFP)
Project Name: Grocery Market Analysis & Needs Assessment
Posted: Thursday, January 15, 2026
Date Proposal Due: Thursday, February 19, 2026 2:00PM
Issuing Office:
City of Muskegon
Development Services
933 Terrace St
Muskegon, MI 49440
231-724-6780
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Introduction
The City of Muskegon’s Development Services Division is seeking proposals from qualified firms
to conduct a comprehensive citywide grocery market analysis and needs assessment. The study
will evaluate current grocery access, measure local demand, and recommend feasible grocery
store models for the City.
The City’s goal is to better understand the potential for a new grocery store within its
boundaries, identify models that align with resident needs, and receive clear recommendations
for implementation. This work will help guide future City decision-making and serve as a
foundation for engaging potential partners and operators.
Background
Muskegon residents and stakeholders have highlighted the need for improved access to
affordable, healthy foods. While several stores currently sell fresh produce, gaps remain in
equitable access to full-service grocery options. The City seeks to proactively evaluate the
feasibility of different grocery models that meet this need.
This project is citywide in scope. It is not tied to Muskegon County’s broader food access
initiatives, though firms may acknowledge relevant regional context. While any successful study
will relate grocery resources in the metro area broadly to the findings, the emphasis of this
study is on feasibility for grocery in the city only.
Project Objectives
The selected firm will:
• Conduct a citywide market analysis of grocery demand and food access.
• Identify and evaluate the feasibility of different grocery models (independent, co-op,
chain, etc.).
• Use community engagement to gather resident input on grocery preferences, needs,
and barriers to access.
• Provide clear recommendations for the most feasible grocery models in Muskegon,
including rationale and actionable next steps.
• Produce supportive mapping of existing grocery locations and walking-distance radii to
illustrate coverage gaps (context only, not site selection).
Scope of Work
1) Market Analysis
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a) Review demographics, household income, and consumer spending patterns.
b) Conduct a grocery retail leakage analysis to determine where resident currently
shop.
c) Provide an overview of existing grocery and food retail options within The City.
2) Community Needs Assessment
a) Design and implement community engagement (surveys, focus groups,
stakeholder interviews).
b) Document barriers to grocery access (transportation, affordability, convenience).
c) Capture resident perspectives on preferred grocery store models.
3) Feasibility & Recommendations
a) Evaluate grocery store models for The City’s context (scale, type, ownership
structure).
b) Assess feasibility from an economic, social, and operational perspective.
c) Provide actionable recommendations for next steps, including consideration for
potential operators or partners.
4) Mapping (Supportive)
a) Develop maps showing existing grocery locations in The City with walking-
distance radii.
b) Use mapping to illustrate access gaps and support feasibility analysis (not
intended as a site selection exercise).
Deliverables
The selected firm will provide:
• Draft report for staff review.
• Final written report with executive summary, findings, maps, and recommendations.
• Maps illustrating grocery access coverage and walking-distance gaps.
• Presentation of findings to City staff (and, if requested, to City Commission).
Timeline: All deliverables are due by May 31, 2026.
Proposal Requirements
Proposals must include:
• Cover Letter: Provide a cover letter indicating your interest.
• Firm/Team Background: Describe the firm, years in business, services offered, and
office location. Identify the project manager and key staff who will be assigned to the
project and list any subcontractors or partner organizations with their roles.
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• Relevant Experience: Provide a summary of comparable projects completed within the
past five years, particularly grocery or retail market analyses and food access studies.
Include client names, project descriptions, completion dates, and references.
• Methodology & Approach: Outline the proposed approach to completing the market
analysis, needs assessment, community engagement, and recommendations. Detail the
tools, data sources, and strategies to be used.
• Timeline: Present a project schedule with major milestones that demonstrates the
firm’s ability to complete the work by May 31, 2026.
• Cost Proposal: Provide an estimated cost for the project, including a breakdown of
professional fees and expenses.
• Conflict of Interest: Disclose any actual or potential conflicts of interest with the City of
Muskegon. Note that the City reserves the right to determine whether a conflict of
interest exists and, if so, whether it disqualifies the firm.
• Required Statements: Confirm compliance with federal, state, and local regulations.
State the firm’s commitment to non-discrimination in employment practices.
Acknowledge that proposals may not be withdrawn for sixty (60) days after submission.
Evaluation Criteria
Proposals will be evaluated based on:
• Firm’s experience and qualifications.
• Quality and clarity of proposed methodology.
• Understanding of Muskegon’s project objectives.
• Capacity to complete the project on schedule.
• Cost effectiveness.
The evaluation will be general and not based on a weighted point system.
Proposal Deadline
Proposals must be delivered or mailed in a sealed envelope clearly marked “Grocery Market
Analysis & Needs Assessment” to the following address no later than 2:00 PM local time on
Thursday, February 19, 2025:
City Clerk’s Office
City Hall
933 Terrace Street
Muskegon, MI 49440
At that time and place, all proposals will be publicly opened and read aloud.
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Pre-Proposal Questions
All questions may be directed to the following City staff contact person:
Jake Eckholm, [email protected], 231-724-6702
General Requirements
Attention is called to the fact that the City requires: that the Contractor consider hiring local
work force insofar as possible; that not less than the salaries and wages set forth in the
Specifications must be paid (if applicable); that 14% minority and 6.9% female are the goals
established for participation in each trade; that the Contractor must ensure employees and
applicants for employment are not discriminated against based upon their race, creed, color,
religion, sex, national origin, physically challenged condition nor veteran background; and that
all pertinent regulations must be complied with. No bid may be withdrawn within sixty (60)
days after bid opening.
The City of Muskegon reserves the right to reject any or all bids or to waive any informalities or
irregularities in the bidding.
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Plante Moran Realpoint
3000 Town Center, Suite 100
Southfield, MI 48075
Tel: 248.223.3500 | Fax: 248.223.3150
pmrealpoint.com
May 7, 2026
VIA EMAIL TO: [email protected]
Mr. Jake Eckholm
Director of Development Services
City of Muskegon
933 Terrace Street
Muskegon, MI, 49440
RE: Proposal for Real Estate Consulting Services For City of Muskegon
Dear Mr. Eckholm:
Thank you for the opportunity to allow Plante Moran Realpoint, L.L.C. (“PMR”) to present this proposal to
provide the Real Estate Consulting Services outlined in this letter (the “Services”) to City of Muskegon
(“Muskegon”).
PMR agrees on behalf of itself and each of its employees that no such person or entity shall represent the
products or services of any related architect, engineer, property owner, landlord, contractor or vendor.
ENGAGEMENT
It is our understanding that the engagement generally will involve providing Real Estate Consulting Services
for the City Grocery Analysis (the “Project”). The consulting services to be provided by PMR for this
engagement are more particularly described in the Scope of Services attached as Exhibit A (the “Services”)
and will be performed subject to the Terms and Conditions attached as Exhibit B.
In preparing this proposal, PMR has made the following key assumptions regarding this engagement. These
key assumptions have been relied upon by PMR in determining the required Scope of Services designated on
Exhibit A, PMR's compensation for its Services, and the terms of this engagement:
▪ Muskegon will provide, or cause to be provided, full information necessary for PMR’s services.
▪ PMR shall be entitled to rely on information provided by Muskegon or provided on Muskegon’s
behalf.
▪ Designated Representative: Muskegon designates Jake Eckholm as Muskegon’s Designated
Representative for the purposes of this engagement, as more fully outlined in Exhibit B.
CONS-ST-PUB (JAN2021) – 4/6/2026 1:39:37 PM
Page 215 of 551
Mr. Jake Eckholm Page 2 May 7, 2026
COMPENSATION
PMR will be compensated by Muskegon for its Services in accordance with the payment terms in Exhibit B
as follows:
Consulting Services
Hourly Fee – PMR shall be paid a fee equal to the number of hours worked by each of PMR’s
personnel multiplied by PMR’s current standard hourly rate for such personnel, but not to
exceed Thirty Thousand no / 100 dollars ($30,000.00).
Progress Payments - PMR shall invoice monthly based on the hours worked.
Reimbursable Expenses
PMR shall be reimbursed the actual out of pocket expenses (mileage, travel, reproduction,
etc.) incurred by PMR in the performance of its Services.
PMR’s hourly rates are as follows:
Partner: $405.00 - $635.00
Principal $375.00 - $465.00
Senior Vice President: $285.00 - $400.00
Vice President: $165.00 - $370.00
Senior Consultant: $135.00 - $255.00
Consultant: $130.00 - $215.00
Administrative: $125.00 - $135.00
PMR’s hourly rates are subject to a 5% annual adjustment.
ACCEPTANCE & TERM
To accept this proposal including the terms of this letter and Exhibits A and B attached hereto, please sign
below and return it to me. Upon execution, this proposal (including Exhibits A and B) will become a binding
agreement (the “Agreement”) between Muskegon and PMR.
This Agreement is effective and PMR’s Services will commence as of the Agreement's execution. The term
of the Agreement shall continue until PMR completes its Services.
Should you have any questions please contact me at 248-603-5373.
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Mr. Jake Eckholm Page 3 May 7, 2026
Sincerely,
PLANTE MORAN REALPOINT, L.L.C.
Only Sign Final Copies On Locked PDF’s For Distribution to Client. Do Not Affix Signature Without Prior
Authorization of the Undersigned
Tori Manix
Partner
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Mr. Jake Eckholm Page 4 May 7, 2026
We accept this proposal, including Exhibits A and B attached hereto, which sets forth the entire Agreement
between Muskegon and PMR for the Services specified herein. We acknowledge that such acceptance
creates a binding agreement between Muskegon and PMR.
Accepted and Agreed:
CITY OF MUSKEGON
/
By: Jake Eckholm Date
Its: Director of Development Services
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Exhibit A
Scope of Services
Upon execution of PMR’s proposal dated May 7, 2026, this Exhibit A shall be incorporated into the
Agreement between Plante Moran Realpoint, L.L.C. (“PMR”) and City of Muskegon (“Muskegon”).
Real Estate Consulting Services: The activities constituting PMR’s Real Estate Consulting Services on
behalf of client for the Grocery Market Analysis may be comprised from the following:
1. Benchmarking: Benchmark Muskegon against at least 2 comparable communities in Michigan and
at least 2 in the Midwest that mirror its demographics, income levels, neighborhood structure, and
food access challenges. Identify grocery models have succeeded in these peer markets and
attraction strategies, operational structures, and community engagement practices intended to lead
successful implementation.
2. Market Gap Analysis: Quantify demand for grocery retail by analyzing local household
demographics, which may include income distribution, and consumer expenditure patterns specific
to Muskegon. Using a grocery‑specific retail leakage analysis, provide insight into where residents
currently shop and the types of products and formats they leave the city to obtain.
3. Stakeholder Engagement: With guidance from Client regarding stakeholder identification, volume
and format, PMR will facilitate stakeholder engagement intended to inform project deliverables.
4. Retail Development Strategy: provide Client with a retail development plan that may include:
a. Recommended retail categories and niches
b. List of target retailers along with rationale
c. Industry trends, forecasts, and competitive landscape
d. Store location trends and NAICS codes
e. Key statistics, growth projections, and emerging subsectors
f. Suggested locations for targeted retail based on data gathered
5. Marketing Package: development of marketing package that may include:
a. Trade area and customer profile data
b. Demographics and spending patterns
c. Potential locations and site details
d. City amenities, history, and brand positioning
e. Tax information, leasing rates, incentives, parking, infrastructure
f. Projected sales data and other pertinent details
A-1
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Exhibit B
Terms & Conditions
Upon execution of PMR’s proposal dated May 7, 2026, this Exhibit B shall be incorporated into the
Agreement between Plante Moran Realpoint, L.L.C. (“PMR”) and City of Muskegon (“Muskegon”).
1. PMR’s SERVICES:
1.1. PMR’s services (the “Services”) include the consulting services designated in Exhibit A to the
Agreement and additional services, if any, performed by PMR in connection with its engagement
under the Agreement. PMR shall perform the Services in accordance with the Terms and
Conditions in this Exhibit B.
1.2. PMR’s Services are inherently advisory in nature. PMR has no responsibility for, nor do its Services
include, any management decisions or management functions of Muskegon in connection with this
engagement to provide the Services outlined herein. PMR and Muskegon acknowledge that PMR
shall have no authority, express or implied, to enter into written or oral agreements on behalf of
Muskegon, to take any other actions with respect to Muskegon’s projects, transactions, or other
business affairs of Muskegon, or to commit or otherwise obligate Muskegon in any manner
whatsoever. Further, Muskegon acknowledges that Muskegon is responsible for all such
management decisions and management functions; for the evaluation of the adequacy and results
of PMR’s Services and for making decisions and the results of those decisions with regard to the
assistance, advice, recommendations, and reporting provided by PMR in connection with its
Services; and for establishing and maintaining internal controls, including monitoring ongoing
activities, in connection with this Agreement.
2. Muskegon RESPONSIBILITIES:
2.1. Muskegon represents that its Designated Representative identified in the assumptions to PMR’s
proposal has the necessary skill, knowledge, experience, and authority to act on Muskegon's behalf
to be the contact person for purposes of the communications between Muskegon and PMR and to
provide direction to PMR regarding the Project and PMR's Services.
2.2. Muskegon shall provide full information to PMR regarding Muskegon's requirements as necessary
for the performance of PMR's Services.
2.3. Muskegon shall provide information, review documents provided by PMR, and render decisions
relating to PMR's Services on a timely basis so as not to delay the performance of PMR's Services.
2.4. Muskegon shall engage third parties to provide services, including by way of example, surveyors,
testing consultants, architects, engineers, attorneys and risk management consultants, as
reasonably required for the performance of PMR's Services.
B-1
CONS-ST-PUB (JAN2021) – 4/6/2026 1:39:37 PM
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2.5. Muskegon shall obtain all permits required for its use and operation of the project, facilities, and
systems which are the subject of this engagement, including, by way of example, air and water
discharge permits for operation of manufacturing process equipment.
2.6. Muskegon shall pay PMR for Services in accordance with the payment terms in the Agreement and
these Terms and Conditions. For Services rendered, these rights and obligations shall survive the
Agreement’s termination or expiration.
2.7. Muskegon agrees to report promptly in writing to PMR any default or defect in PMR’s services or
non-conformance with any provision of this agreement.
3. PMR'S RESPONSIBILITIES:
3.1. PMR shall perform the Services in accordance with the standard of professional skill and care
exercised by other consultants performing similar services under similar circumstances.
3.2. PMR does not warrant or guarantee the outcome of project pro formas, budgets or other financial
projections, or any other analysis (collectively “Analysis”) developed by PMR for use in connection
with its Services. Analysis prepared by PMR represents PMR's professional judgment as a
consultant. It is recognized, however, that neither PMR nor Muskegon has control over the cost of
labor, materials or equipment, market conditions, contractors’ methods of determining bid prices
or other competitive bidding or negotiating conditions. PMR cannot and does not warrant or
represent that the outcome of bids or negotiated prices will not vary from any project budget
proposed, established or approved by Muskegon, or from any Analysis prepared by PMR.
3.3. PMR is not an attorney at law, and the Services provided by PMR exclude professional legal services.
If the scope of PMR’s Services includes assistance with the negotiations of agreements on behalf of
Muskegon, such agreements shall be subject to Muskegon's approval. Muskegon shall provide for
the review of such agreements by Muskegon’s attorneys and insurance consultants as deemed to be
appropriate by Muskegon.
3.4. PMR’s Services do not include with respect to any existing or planned building or property the
identification or resolution of any life safety issues or the non-compliance with any building code or
legal requirements.
3.5. PMR shall not be considered in breach of this Agreement, nor be liable, for any delay or failures in
performance resulting from circumstances beyond its reasonable control including, without
limitation, acts of God, acts of war or terrorism, shortage or disruption of materials or labor,
accidents, epidemic, pandemic, quarantine, natural catastrophe or weather, or government acts or
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omission. Notwithstanding the foregoing, PMR and Muskegon shall make a good faith effort to
mitigate any impacts of such circumstances to PMR’s Services.
4. COMPENSATION:
4.1. For the performance of Services, Muskegon shall compensate PMR as provided in the Agreement.
Unless provided otherwise in the Agreement, PMR shall submit monthly invoices for Services
rendered by PMR to Muskegon. All invoices shall be prepared in accordance with the compensation
terms in the Agreement and Muskegon agrees to pay invoices within thirty (30) days after receipt
thereof; provided, however, that in the event Muskegon disputes the accuracy for any invoice
prepared and presented, payment for the portion which is disputed by Muskegon may be withheld
until such dispute is resolved. Time is of the essence with respect to Muskegon's payment
obligations hereunder. All billings not in dispute are payable within thirty (30) days of receipt of
invoice. Interest at the rate of one and one half (1-1/2%) percent per month shall be added to
delinquent payment amounts. Any amounts in dispute by Muskegon shall not accrue an interest
charge.
4.2. PMR shall be entitled to additional compensation if any of the following occur: increase in the
Scope of Services designated in the Proposal or other changes in the scope of PMR's Services;
change in any of the key assumptions of this engagement listed in the Agreement; change in the
time period for performance of PMR's Services; change in the nature of the Services required to be
performed, including changes that require more effort or resources of PMR; delay or interruption
in the Project.
4.3. Should PMR be required to provide evidence, prepare for hearings, evaluate claims, assist in the
review or preparation of claims or defenses, or otherwise participate or assist in the resolution of
legal disputes either: (i) on behalf of Muskegon or (ii) resulting from PMR's role providing its
Services to Muskegon (unless caused by PMR's gross negligence or intentional misconduct), PMR
will be reimbursed on a "Time and Materials" basis, which is defined to mean the numbers of hours
of Services performed by PMR’s personnel multiplied by PMR’s then current standard hourly rates
("Standard Hourly Rates") plus the direct cost incurred by PMR in performance of such services.
4.4. Any taxes or fees, enacted by local, state or federal government subsequent to the date of this
agreement, and based on gross receipts or revenues will be added to the amounts due under this
agreement, in accordance with any such fees or taxes.
4.5. The rights and obligations of this Article 4 shall survive the Agreement’s termination or expiration,
but only if Muskegon has not compensated PMR as provided in the Agreement. Upon such
compensation in full, all rights and obligations under this Article 4 shall immediately terminate.
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5. LIMITATION ON LIABILITY:
5.1. In no event shall Muskegon or PMR be liable to the other for special, incidental or consequential
damages, including without limitation, loss of anticipated profits, revenue or use of capital, loss of
use of leased spaces, and penalties imposed under the leases, whether based on contract, tort,
negligence, strict liability or otherwise; provided, however, that the foregoing shall not limit or
preclude a claim of PMR with respect to compensation due to PMR under this Agreement.
5.2. Except for amounts due PMR under this Agreement, either party’s liability under this Agreement
shall not in any event exceed the amounts of compensation for Services paid to PMR under this
Agreement.
5.3. Except for actions to enforce payment to PMR, any claim or cause of action arising under or
otherwise relating to this engagement must be filed within one (1) year of the events giving rise to
the claim or cause of action.
5.4. The rights and obligations of this Article 5 shall survive the Agreement’s termination or expiration.
6. ENVIRONMENTAL CONDITION OF SITE:
6.1. PMR’s Services shall not include any services or responsibility (including for the detection,
identification, prevention, collection of samples, testing of samples, abatement, or disposal) related
to known or unknown Constituents of Concern. Constituents of Concern shall include: (i) asbestos,
(ii) petroleum, (iii) radioactive material, (iv) polychlorinated biphenyls (PCBs), (v) hazardous waste,
(vi) lead, (vii) any viral, bacterial, or any other organism capable of inducing physical distress, harm,
illness, or disease (including but not limited to any fungus, mold, mildew, mycotoxins, spores, or
scents) or any byproduct thereof, or (viii) any other substance, product, waste, or other material
listed under any other federal, state, or local (meaning any applicable jurisdiction) statute, law, rule,
regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability
or standards concerning, any hazardous, toxic, or dangerous waste, substance, or material. The
parties further acknowledge that PMR is not, and shall not be considered or required to be, an
"owner," "arranger," "operator," "generator," or "transporter" of any Constituents of Concern.
7. MISCELLANEOUS:
7.1. Nothing contained in this Agreement shall create a contractual relationship or a cause of action in
favor of a third party against either Muskegon or PMR. The Services performed by PMR under this
Agreement are for the sole benefit of Muskegon, and shall not be relied upon by other parties.
7.2. PMR and Muskegon may not assign their rights under this Agreement without the prior written
consent of the other.
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7.3. PMR shall be entitled to use Muskegon’s name, photographs, renderings, narrative descriptions and
similar materials relating to PMR's Services in connection with publications, awards, press releases,
and marketing materials.
7.4. Provided that Muskegon has paid all amounts due to PMR under this Agreement, Muskegon shall be
entitled to use all studies, reports, summaries, cost estimates, budgets, and other documents
prepared by PMR in the performance of its Services. PMR shall be entitled to retain copies of such
documents for PMR's files. Notwithstanding the foregoing, PMR shall retain all ownership and
intellectual property rights in, and Muskegon shall not use or permit the use by others of, all
standard contract provisions and modifications, financial analysis programs and similar tools
developed by PMR for PMR's use generally and not developed solely for purposes of this
engagement.
7.5. Any disputes between Muskegon and PMR relating to PMR's Services or this Agreement shall be
governed by the laws of the State of Michigan without giving effect to any choice of law or conflict
of law rules or provisions (whether of the State of Michigan or any other jurisdiction) that would
cause the application of the laws of any jurisdiction other than the State of Michigan. Any
controversy, dispute, or claim arising out of or relating to this Agreement, or the breach thereof,
shall be settled by binding confidential arbitration in accordance with the applicable arbitration
rules of the American Arbitration Association. Such confidential arbitration shall be held in
Oakland County Michigan, and the judgment upon the award rendered by the arbitrator or
arbitrators may be entered in any court having jurisdiction. In the event of any dispute between the
parties arising out of or in connection with this Agreement or these Terms and Conditions, the
prevailing party shall be entitled to recover its costs incurred in connection therewith, including
reasonable attorney fees.
7.6. No failure by Muskegon or PMR to insist upon strict performance of any covenant, agreement, term
or condition of this Agreement or to exercise any right, term or remedy for a breach of this
Agreement, shall constitute a waiver of any such breach or of such covenant, agreement, term or
condition.
7.7. The rights and obligations of this Article 7 shall survive the Agreement’s termination or expiration.
8. TERMINATION
8.1. This Agreement may be terminated by Muskegon upon thirty (30) days prior written notice if PMR
is in default under this Agreement and fails to cure such default within such thirty day period. In
addition, provided that Muskegon is acting in good faith, Muskegon shall be entitled to terminate
this Agreement without cause upon thirty (30) days prior written notice to PMR.
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8.2. PMR may terminate this Agreement or suspend its Services upon thirty (30) days prior written
notice in the event of any of the following defaults by Muskegon and failure of Muskegon to cure
such default within such thirty (30) day period: Muskegon fails to make payment of amounts due to
PMR under this Agreement; Click or tap here to enter text. or Muskegon otherwise is in default
under this Agreement.
8.3. If PMR's Services are suspended for more than thirty (30) consecutive days, PMR may terminate this
Agreement upon thirty (30) days prior written notice to Muskegon.
8.4. This Agreement shall commence upon execution of the Agreement between PMR and Muskegon
and shall continue in effect for the term described in the Agreement, as may be extended by
agreement of the parties, unless terminated sooner under the terms of this Section.
9. THIS AGREEMENT:
9.1. Muskegon and PMR accept the obligations of good faith and fair dealing towards each other with
respect to this engagement.
9.2. This Agreement includes the proposal executed by PMR and Muskegon, Exhibit A Scope of Services,
Exhibit B Terms and Conditions, and other documents, if any, listed in the Agreement. This
Agreement sets forth the entire, integrated agreement between PMR and Muskegon, supersedes all
prior proposals, negotiations, representations and agreements, whether written or oral, between
PMR and Muskegon, and shall govern the relationship between PMR and Muskegon with respect to
all Services provided by PMR to Muskegon in connection with the engagement described in the
Agreement. This Agreement may be amended only by written instrument signed by both PMR and
Muskegon.
9.3. Neither this Agreement nor PMR's performance of Services shall be deemed to create a partnership
or joint venture between Muskegon and PMR.
9.4. The parties to this Agreement have jointly participated in the negotiation and drafting of this
Agreement. In the event an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as jointly drafted by the parties hereto and no presumption of burden
of proof is to arise favoring or disfavoring any party by virtue of the authorship of any provision of
this Agreement.
End of Exhibit B
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Sale of 1936 Brunswick to Newkirk Electric
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lots at 1936 Brunswick to Newkirk Electric.
Detailed Summary & Background:
Newkirk Electric would like to purchase the City-owned buildable lot, 1936 Brunswick, for $30,000.00
(True Cash Value as determined by the Assessor) plus half of the closing costs and the fee to register
the deed. Newkirk Electric will be using the lot for outdoor storage on the property after the
acquisition of adjacent parcels.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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:
Authorize the Code Coordinator to complete the sale of 1936 Brunswick, as described in the
attached purchase agreement, with a condition that closing be scheduled after landscaping
(Arborvitaes) is revived along Laketon Ave, and to have the Mayor and Clerk sign the purchase
agreement.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Progress toward completion of ongoing
Head economic development projects.
Information
Technology
Other Division Heads x
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Communication
Legal Review x
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PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made May 12, 2026 (“Effective
Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 (“City”), and Newkirk Electric Associates Inc., of 1875 Roberts Street,
Muskegon, MI, 49442, (“Developer”), with reference to the following facts:
Background
A. Developer proposes to purchase and develop one (1) vacant property(s) owned by City
which is located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and
legally described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project
Property”).
B. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Property. Developer intends to develop
outdoor storage as described in Exhibit B, on each of the Project Property (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Property, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Property shall be $30,000.00,
which shall be paid in cash or other immediately available funds at Closing (defined below) less the $400
deposit that the Developer has paid to the City of Muskegon.
3. Construction and Development Requirements.
a. Construction Dates. The parties acknowledge and agree that Developer shall
have a period of eighteen (18) months from the date of Closing to complete the Project
(“Construction Period”), except as otherwise provided in this Agreement or as otherwise mutually
agreed upon by the parties in writing.
4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for
Developer’s obligation to commence and complete construction of outdoor storage on each of the Project
Properties, the quit claim deed conveying the Project Properties to Developer shall contain a right of
reversion in all of the Project Properties free and clear of any lien, mortgage or encumbrance (“City’s
Reversionary Right”), which may be exercised by City, in its sole and absolute discretion, if any of the
following conditions occur:
a. Developer does not commence construction within sixty (60) days after the date of
Closing, in which case title to all of the Project Properties shall automatically revert to City upon
the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph
4(a), commencing construction means furnishing labor and materials to the Parcel of the Project
Property and beginning installation of the outdoor storage.
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b. Developer does not complete construction of the Project Property prior to
expiration of the Construction Period, in which case title to any of the Project Properties that are
not complete by the end of the Construction Period shall automatically revert to City upon the terms
and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b),
completing construction means the issuance of a Development Permit by the City for the Project
Property. Provided, however, the parties agree to reasonably negotiate an extension of the
Construction Period up to a period of six (6) months for the Project Property before the expiration
of the initial Construction Period.
If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to the Project Property, as the case may be. To exercise City’s Reversionary Right described herein,
City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within
thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying
the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such
notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all
reasonable steps to ensure City acquires marketable title to the Project Property, as the case may be, through
its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without
limitation, the execution of appropriate deeds and other documents.
In addition, if the Project Property revert to City, City may retain the purchase price for such Project
Property free and clear of any claim of Developer or its assigns. In the event of reversion of title of the
Project Property, improvements made on such Project Property shall become the property of City. In no
event shall the Project Property be in a worse condition than upon the date of Closing. These covenants and
conditions shall run with the land and be recorded in the quit claim deed from City to Developer.
5. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title
commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title
Agency (the “Title Company”) for the Project Property in the amount of the total purchase price for the
Project Property and bearing a date later than the Effective Date, along with copies of all of the underlying
documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue
a marked-up commitment or pro forma owner’s policy with respect to the Project Property at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Property (the “Title Policy”). City shall be responsible for the cost of
the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements
to the Title Policy that Developer desires.
6. Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to the Project Properties. If objection to
the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects
claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections.
If Developer does not notify City in writing as to any title or survey objections, then Developer will be
deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or
unable to remedy the title or obtain title insurance over such defects within the time period specified, then
notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice
to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation
to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection,
in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing
according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or
not objected to by Developer shall be deemed a “Permitted Exception.”
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7. Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.
8. Survey. Developer at its own expense may obtain a survey of any or all of the Project
Property, and Developer or its surveyor or other agents may enter any of the Project Property for that
purpose prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon
Developer's own judgment as to the location, boundaries, and area of the Project Property and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may
elect to purchase the Project Property subject to said encroachment or variation.
9. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Property within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Developer shall notify City in writing of Developer’s objection prior to expiration of the 30-day Inspection
Period. If Developer so notifies City, this Agreement shall be terminated and have no further force and
effect. If no written objection is made by Developer within the stated period, this inspection contingency
shall be deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the
terms of this Agreement.
10. Condition of Project Property. City and Developer acknowledge and agree that each
Parcel in the Project Property is being sold and delivered “AS IS”, “WHERE IS” in its present condition.
Except as specifically set forth in this Agreement or any written disclosure statements, City has not made,
does not make, and specifically disclaims any and all representations, warranties, or covenants of any kind
or character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Property, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Property for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Property with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Property;
(v) existence in, on, under, or over the Project Property of any hazardous substances; or (vi) any other matter
with respect to the Project Property. Developer acknowledges and agrees that Developer has or will have
the opportunity to perform inspections of the Project Property pursuant to this Agreement and that
Developer is relying solely on Developer’s own investigation of the Project Property and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Property
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Property and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Property it has acquired and all improvements thereon are
in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Property in their present condition and subject to ordinary wear and
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tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.
11. Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:
a. Authority. Developer has the power and authority to enter into and perform
Developer’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Developer and no litigation, action,
suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
governmental body, department or agency or, to the knowledge of Developer, threatened, that has
the stated purpose or the probable effect of enjoining or preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
affecting Developer or any of Developer's assets or properties, is now or on the Closing Date will
be pending or, to the knowledge of Developer, threatened.
12. Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:
a. Performance. The obligations, agreements, documents, and conditions required to
be signed and performed by City shall have been performed and complied with before or at the date
of the Closing.
b. City Commission Approval. This Agreement is approved by the Muskegon City
Commission.
13. Default.
a. By Developer. In the event Developer fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is not
cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the
purchase price in full at Closing, a default for which no notice is required), then City may terminate
this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured within ten
(10) days after receipt of notice, then Developer may either terminate this Agreement or Developer
may pursue its legal and/or equitable remedies against City including, without limitation, specific
performance.
14. Closing.
a. Date of Closing. The closing date of this sale shall be as mutually agreed by the
parties, but in no event later than 60 days from the City Commission’s approval of the sale
(“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing
shall be conducted at such time and location as the parties mutually agree.
b. Costs. The costs associated with this Agreement and the Closing shall be paid as
follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
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(ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
to pay for the recording of any instrument that must be recorded to clear title to the extent required
by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer
and City shall each pay one-half of any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project
Properties and Developer shall pay the purchase price. The quit claim deed to be delivered by City
at closing shall include the City Right of Reversion described in Paragraph 4 above. The parties
shall execute and deliver such other documents reasonably required to effectuate the transaction
contemplated by this Agreement.
15. Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
16. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.
Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: Samantha Pulos, Code Coordinator
933 Terrace Street
Muskegon, MI 49440
w/ copy to: Parmenter Law
Attn.: Muskegon City Attorney
601 Terrace Street, Suite 200
Muskegon, MI 49440
Email: [email protected]
To Developer: Jim Anton
Newkirk Electric
1875 Roberts
Muskegon, MI 49442
Email: [email protected]
17. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
b. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes any other agreements, written or oral, that may have been made by and between the
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parties with respect to the subject matter of this Agreement. All contemporaneous or prior
negotiations and representations have been merged into this Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by the
parties and their respective legal representatives, permitted successors, and assigns.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
f. Full Execution. This Agreement requires the signature of all parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
affected.
i. No Reliance. Each party acknowledges that it has had full opportunity to consult
with legal and financial advisors as it has been deemed necessary or advisable in connection with
its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
reliance on any representations, warranties, or statements made by the other party other than those
expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained in
this Agreement without the express or prior written approval of the other party, in which approval
may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in
connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and that Muskegon County is the exclusive venue.
This Agreement is executed effective as of the Effective Date set forth above.
CITY: DEVELOPER:
CITY OF MUSKEGON NEWKIRK ELECTRIC
By: _______________________________ By: _______________________________
Name: Ken Johnson Name: JIM ANTON
Title: Mayor Its:________________________________
Dated: ____________________________ Dated: ____________________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: __________________
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Exhibit A
The following described premises located in the City of Muskegon, County of Muskegon, State of
Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON CONTINENTAL ADD LOT 4 BLK 13 ALSO INC W
1/2 OF VAC ALLEY ADJ THERETO
Address: 1936 BRUNSWICK STREET, MUSKEGON, MI 49442
Parcel #: 61-24-215-013-0027-00
Price: $30,000.00
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Exhibit B
Project Description:
Chain link fence will be installed to match Newkirk’s existing fence, to expand their outdoor storage area,
at such time that the parcel is used for storage.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Big Belly Trash Compactors Contract
Renewal
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests authorization to enter into a 36-month renewal agreement with BigBelly for continued
operation and servicing of the City’s 13 smart solar-powered trash compactors at an annual cost of
$18,476
Detailed Summary & Background:
The City of Muskegon first deployed 13 BigBelly smart compactors as part of a pilot initiative
approved by the City Commission in 2022. The units were installed along the shoreline at Pere
Marquette Park and at Margaret Drake Elliott Park. They were selected to address aesthetics, reduce
windblown litter, and improve operational efficiency.
During the previous term, the compactors provided several benefits based on staff experience and
system data:
Reduced frequency of trash collection due to on-site compaction
Decrease in windblown trash compared to open metal receptacles
Remote monitoring that allowed staff to dispatch collection only when needed
Units remained durable in beach conditions, including sand and high winds
Enclosed design improved cleanliness and visitor experience
The new proposal from BigBelly outlines a renewal of the Connect Service Agreement for the
upcoming 36-month term of May 23, 2026 through May 22, 2029. The annual cost for all 13
compactors is $18,476, which is less than the cost of hiring one seasonal employee, even before
factoring in equipment, fuel, and supervision. The compactors are deployed in locations where high
visitor volume makes it difficult to keep up with traditional trash cans. Food containers and bulky
waste quickly fill standard cans, leading to overflowing bins and litter blowing across the beach.
BigBelly’s compaction system greatly reduces the number of liners used, extends the time between
collections, and keeps high-traffic areas significantly cleaner compared to standard receptacles.
The total cost of this 3-year contract is $55,430.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Page 236 of 551
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
55,430.00 (Total over 3 Years) Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-770 Yes No x N/A
Recommended Motion:
Move to authorize staff to enter into a 36-month renewal agreement with BigBelly for continued
operation and servicing of the City’s 13 smart solar-powered trash compactors at an annual cost of
$18,476
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 237 of 551
Quote Number: Q42093-1
March 10, 2026
First Amendment to CSA 10307
CITY OF MUSKEGON
Program Overview
Connect is Bigbelly’s turnkey smart city solution which delivers a connected smart waste and recycling platform and provides
Customers with a partner to help deploy, manage, and optimize their customized solution over a 36-month term. This subscription-
based service was designed to deliver a flexible, scalable, smart platform that transforms waste operations today, and enables
Customers to benefit from the technology innovations of the future.
Connect Renewal 36 Month Term
System Software Automated System Monitoring
▪ CLEAN Management Console Licenses for Full Term
▪ Automated System Diagnostics and Alerts
▪ CLEAN Mobile Software Licenses for Full Term
Equipment/Hardware Cleaning and Inspection
▪ Custom Configuration as Detailed Below ▪ Annual Comprehensive Station Cleaning
▪ Annual Station Inspection
Customer Support Warranty
▪ Hardware Parts Warranty for Full Term
▪ Customer Support Hotline and trained field service ▪ Expanded Warranty Coverage for Battery End-of-Life
professionals Replacement and Network Communication Upgrades for Full
Term
Equipment/Hardware Configuration
12 Smart Max Single Station with Trash Hopper and Standard Bin
1 Smart Max/Smart Double Station with Trash Hopper, Single Stream Chute, and Standard Bins
Contract Start Date: 5/23/2026
Contract End Date: 5/22/2029
Serial Numbers Covered via Renewal:
500005064,500005071,500005076,502000862,500005072,500005073,500005074,500005070,500005069,500005065,
500005066,500005067,500005068,500005075
Total Monthly System Cost $1,539.70
1Pricing is valid for 30 days from March 10, 2026.
2Sales Tax is NOT included in above pricing.
3Pricing is subject to Connect Program Terms and Conditions.
Connect by Bigbelly Executive Summary Proposal Bigbelly 2023
v2023July24
Page 238 of 551
The Connect Services for the Renewal which the Customer is purchasing pursuant to this Quote shall be governed by the Connect
Services Agreement No. 10307 between Bigbelly and the Customer dated as of December 5, 2022, for the Initial Term and any
Renewal Term.
ACCEPTED AND AGREED BY:
CUSTOMER
By: ____________________________________________ Title: ___________________________________________
Print Name: _____________________________________ Date: ___________________________________________
Page 239 of 551
Page 240 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Parks - Toro Mower Purchase
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests authorization to purchase two (2) Toro 3200 mowers at a cost of $30,032 from Spartan
Distributors through the Sourcewell purchasing contract.
Detailed Summary & Background:
The Parks Department is requesting authorization to purchase two Toro 3200 4wd mowers at a cost of
$30,032 each. These units are part of our core mowing fleet and are essential for maintaining the
more than 800 acres of public parkland, open space, and city-owned parcels cared for by Parks
staff.
The Toro 3200 is a reliable mid-size mower that performs well across a wide variety of park
environments. These new units will replace aging equipment that has far exceeded their
recommended lifespan. Procuring two new 3200s will improve fleet reliability, reduce downtime from
mechanical failures, and ensure that staff can maintain mowing schedules during periods of heavy
growth.
The proposed mowers have a 6-foot cutting width and an effective mowing capacity suitable for
daily use across neighborhood parks, roadside parcels, and smaller open areas where larger mowers
cannot operate efficiently. Adding these two units will increase overall productivity by allowing crews
to cover more acreage per day and distribute workload across a broader, more dependable fleet.
The purchase also supports long-term cost efficiency. New units carry significantly lower maintenance
costs and reduce the amount of staff time dedicated to repairs on older mowers. These mowers are
eligible for purchase through the Sourcewell cooperative purchasing program. Sourcewell bids
products and services nationwide and allows member agencies to purchase at the same low bid
price, which satisfies the City’s competitive purchasing requirements and ensures contract pricing is
in line with national standards.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Page 241 of 551
Amount Requested: Budgeted Item:
$60,063 Yes x No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
482 ARPA Yes No x N/A
Recommended Motion:
Authorize the purchase of two Toro 3200 mowers at a cost of $30,032 from Spartan Distributors
through the Sourcewell purchasing contract.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Purchasing Policy
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 242 of 551
February 9, 2026
487 W Division Street
PO Box 246
Sparta, MI 49345
616.887.7301 City of Muskegon
Fax: 616.887.6288 1350 Keating
1050 Opdyke Road Muskegon, MI 49442
Auburn Hills, MI 48326
248.373.8800
Fax: 248.373.8899
We are pleased to provide a quote on the following equipment:
(2) (NEW) Toro Groundsmaster 3200 4wd (#31901A) $ 60,062.16
▪ Air Ride Seat Suspension
▪ 72” Recycler Deck
Price in effect at time of delivery. Sourcewell Contract
$250.00 Documentation fee on leases.
DELIVERY: When Available
TERMS: Net 30 days/ Financing Available
Thank you for your interest in our line of equipment. If you have any questions please feel free to call me at 616-
340-4143.
Sincerely,
A.J. Rings
Commercial Division
Page 243 of 551
Page 244 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Equipment Division: Purchase of Five (5)
2026 F-250's
Submitted by: Dawson Romanosky, DPW Department: Public Works
Equipment Supervisor
Brief Summary:
Staff requests authorization to purchase five (5) of the 2026 F-250's from Gorno Ford for the amount of
$233,045.
Detailed Summary & Background:
The equipment division is requesting to purchase five 2026 F-250's from Gorno Ford for a total of
$233,045. These vehicles would replace 4 Parks Department vehicles and 1 traffic vehicle.
For the Parks Department, these vehicles will transport employees and equipment to parks
throughout the City. F-250's are required as they will tow trailers, and some of the staff are responsible
for plowing alleys in the Winter. The traffic truck is used to haul road barricades, street signs, and a
mobile arrow board for road construction. The vehicles being replaced are between 15 and 25 years
old. These older vehicles require more maintenance and have significantly lower fuel efficiency than
the new option.
As of now, there is no electric vehicle option with the towing and plowing capabilities required for
these vehicles. Gorno Ford is a MI-Deal vendor. MI-Deal is a voluntary state purchasing program that
allows local units of government to use State of Michigan prebid contracts.
Please note this is not a general fund expense.
Goal/Action Item:
2027 Goal 4: Financial Infrastructure
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$233,045 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
661-563-977 Yes No x N/A
Recommended Motion:
Page 245 of 551
I move to approve the purchase of five (5) 2026 F-250's from Gorno Ford for the amount of $233,045.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Purchasing Policy
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 246 of 551
Page 247 of 551
Preview Order F100 - F2B 4x4 Reg Cab SRW : Order Summary Time of Preview: 02/09/2026 11:32:00 Receipt: NA
Dealership Name : Gorno Bros Inc Sales Code : F48022
Dealer Rep. patrick southward Type Fleet Vehicle Line Superduty Order Code F100
Customer Name Muskegon Price Level 640
Priority Code D2 Model Year 2026
DESCRIPTION DESCRIPTION
F250 4X4 STYLESIDE PICKUP/142 10000# GVWR PACKAGE
142 INCH WHEELBASE 50 STATE EMISSIONS
TOTAL BASE VEHICLE SPARE TIRE AND WHEEL
OXFORD WHITE JACK
VINYL 40/20/40 SEATS UPFITTER SWITCHES
MEDIUM DARK SLATE 410 AMP DUAL ALTERNATOR
PREFERRED EQUIPMENT PKG.600A TOUGH BED SPRAY IN BEDLINER
.XL TRIM DUAL BATTERY
.AIR CONDITIONING -- CFC FREE CONN PKG: 1 YR INCL W/FORD APP
.AM/FM STEREO MP3/CLK SPECIAL DEALER ACCOUNT ADJUSTM
.6.8L DEVCT NA PFI V8 ENGINE SPECIAL FLEET ACCOUNT CREDIT
10-SPEED AUTO TORQSHIFT-G FUEL CHARGE
.LT245/75R17E BSW ALL-SEASON NET INVOICE FLEET OPTION (B4A)
3.73 RATIO NON LTD SLIP AXLE PRICED DORA
JOB #1 ORDER ADVERTISING ASSESSMENT
FORD FLEET SPECIAL ADJUSTMENT DESTINATION & DELIVERY
TOTAL BASE AND OPTIONS MI Deal # MA240000001193
DISCOUNTS
MI Deal Price Delivered $46,609.00
TOTAL
This order has not been submitted to the order bank.
This is not an invoice.
Page 248 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Filtration HVAC Service Agreement
Submitted by: Joshua Parmer, Water Filtration Department: Public Works
Brief Summary:
Staff is requesting authorization to renew an Energy Service Agreement (ESA) with Hurst Mechanical
for HVAC equipment located at the Filtration Plant.
Detailed Summary & Background:
The Water Filtration Plant’s HVAC system comprises several pieces of equipment, including 2 hot
water boilers and associated equipment, 2 dehumidifiers, 4 heating/coolant units, and 4 back flow
prevention devices. Our current ESA was approved in April 2023 and currently expires at the end of
April 2026.
This renewal includes 2 visits a year at a cost of $4,687 each year for a total of $14,061 over 3 years.
This pricing has not changed from the previous 3 years. Inspections, preventative maintenance, filters,
CSD-1 inspections on both boilers, as well as backflow preventer inspections are all included in this
ESA. Any issues found during inspection will be quoted and need approval prior to work being
performed. This ESA also includes a 10% discount on labor for any issues discovered during
inspections.
Quotes were solicited from 3 mechanical contractors, Northern Boiler, Franklin-Holwerda Company
(FHC), and Hurst Mechanical. Northern was unable to provide a quote and FHC has not responded.
Hurst Mechanical has been a reliable and knowledgeable contractor that is familiar with the
equipment.
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial
practices
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$14,061.00 ($4,687 yearly for 3 years) Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
591-558-801 Yes No X N/A
Page 249 of 551
Recommended Motion:
I move to authorize staff to renew the City’s Energy Service Agreement (ESA) for the Water Filtration
Plant HVAC equipment with Hurst Mechanical for 3 - years.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 250 of 551
Page 251 of 551
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Page 262 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Amendment to the Zoning Ordinance -
Waterfront Setbacks in FBC, LMR.
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend Section XX of the zoning ordinance to change the required front
setbacks for waterfront properties in the Lakeside Mixed Residential context area.
Detailed Summary & Background:
The Lakeside Mixed Residential context area has a front build-to-zone of 5-12 feet. The Form-Based
Code allows waterfront properties to consider either the street side or the waterfront side as the front
of the property. This means that a building may be required to be placed anywhere from 5 to 12 feet
from the property line facing the water. Since all of the property may not be above the ordinary high
watermark, and also since water levels fluctuate, it would not be possible to place a building this
close to the water in many situations.
Staff is proposing to amend the ordinance to require waterfront properties to only build above the
ordinary high watermark and not to have a traditional setback from the waterfront property line.
Please see the attached "proposed amendment."
The Lakeside Mixed Residential context area allows detached houses, duplexes, rowhouses, small
multiplexes, and cottage retail buildings.
The Planning Commission unanimously (5-0, 4 members absent) recommended approval of the
amendment.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Zoning Ordinance
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
Page 263 of 551
Recommended Motion:
I move the request to amend Section XX of the zoning ordinance to change the required front
setbacks for waterfront properties in the Lakeside Mixed Residential context area be approved.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 264 of 551
Page 265 of 551
Page 266 of 551
CONTEXT AREAS AND USE SECTION 2005
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES
BUILDING TYPE LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
PERMITTED IN
WITH FRONTAGE OPTION CONTEXT AREA
BUILDING HEIGHT BUILDING LOT SIZE
with STOREFRONT
MIXED-USE
with BALCONY
BUILDING
TYPE
with TERRACE
with FORECOURT
with DRIVE-THROUGH
with STOREFRONT
BUILDING
RETAIL
TYPE
with TERRACE
with DRIVE-THROUGH
with STOREFRONT
BUILDING TYPE
with TERRACE
FLEX
with FORECOURT
with DOORYARD
with STOREFRONT By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
COTTAGE
BUILDING
RETAIL
with DOORYARD By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOOP By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 80’ max. Lot Depth: 80’ min.
with STOREFRONT
LIVE / WORK
BUILDING
with DOORYARD
TYPE
with LIGHTWELL
with STOOP
with FORECOURT
BUILDING TYPE BUILDING TYPE
MULTI-PLEX
LARGE
with DOORYARD
with STOOP
with PROJECTING PORCH
MULTI-PLEX
with STOOP By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
SMALL
with PROJECTING PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
ROWHOUSE
with LIGHTWELL
BUILDING
TYPE
with STOOP By Right 2 story building required Lot Width: 16’ min. / 30’ max. Lot Depth: 100’ min.
with PROJECTING PORCH By Right 2 story building required Lot Width: 16’ min. / 30’ max. Lot Depth: 100’ min.
with STOOP By Right 3 story cond.* / 2 story min. Lot Width: 35’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING
DUPLEX
TYPE
with PROJECTING PORCH By Right 3 story cond.* / 2 story min. Lot Width: 35’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story cond.* / 2 story min. Lot Width: 35’ min. / 60’ max. Lot Depth: 100’ min.
BUILDING TYPE
DETACHED
with STOOP By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 60’ max. Lot Depth: 100’ min.
HOUSE
with PROJECTING PORCH By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 60’ max. Lot Depth: 100’ min.
with ENGAGED PORCH By Right 3 story cond.* / 1 story min. Lot Width: 25’ min. / 60’ max. Lot Depth: 100’ min.
Not Applicable - Carriage House Building Type must be used as an
CARRIAGE HOUSE BUILDING TYPE By Right 2 story max. / 1 story min. accessory building to another building type (refer to Section 2006)
CIVIC BUILDING TYPE By Right 2 story max. / 1 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
Shaded areas represent Building Types and / or frontages that are not permitted in specified Context Area.
* Building height labeled Conditional is permitted if fronting Lakeshore Drive.
.21 LAKESIDE FORM BASED CODE CITY OF MUSKEGON
Page 267 of 551
SECTION 2005 CONTEXT AREAS AND USE
2005.07 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.05 for building site placement. ILLUSTRATION 5.05 BUILDING SITE PLACEMENT
A. Front Build-to-Zone (at front street):
■ Required build-to-zone from 5 to 12 feet
from front property line. C B
■ For waterfront properties, buildings using
REAR PROPERTY
the waterfront as the front street shall LINE
only be located above the ordinary high
water mark. In this case, the building may
extend to, but not beyond, the build-to- D
zone at the street.
B. Side Build-to-Zone (at side street):
■ Required build-to-zone from 0 to 12 feet
from side property line.
SIDE PROPERTY LINE
C. Side Setback (at non-street locations): BUILDING E
■ 0 feet from side property line. FOOTPRINT
SIDE STREET
SIDE PROPERTY LINE
D. Rear Setback:
■ 0 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies,
eaves, cornices, and bay windows, may project FRONT PROPERTY
into required setbacks, beyond required build- LINE
to-zones, or into the public right-of-way as
indicated in Section 2003.02. FRONT STREET
A
5.0 PARKING PLACEMENT
Refer to Illustration 5.06 for on-site parking placement. ILLUSTRATION 5.06 PARKING PLACEMENT
A. Front Setback:
■ 40 feet minimum from front property line.
D
B. Side Setback (from side street):
■ 5 feet minimum from side property line. REAR PROPERTY LINE
C. Side Setback (from non-street locations): E
■ 0 feet from side property line. C
F
D. Rear Setback: ON-SITE PARKING
■ 0 feet from rear property line at non-street PERMITTED IN
HATCHED AREA
locations.
B
■ 5 feet from rear property line at street
locations.
SIDE PROPERTY LINE
E G
E. Parking located at side or rear street locations
shall be screened from the street as required by
Section 2008.14.
SIDE PROPERTY
SIDE STREET
LINE
F. Parking / service areas shall not be accessed A
from front streets, unless an alley or side street FRONT PROPERTY
is not available for driveway placement. LINE
Maximum width of driveway is 20 feet.
FRONT STREET
G. Driveway access location:
■ Corner lot: 40 feet minimum from street
corner.
■ Interior lot: within 5 feet of side property
line, when alley is not available.
CITY OF MUSKEGON LAKESIDE FORM BASED CODE .22
Page 268 of 551
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section XX of the zoning ordinance to amend the front setback requirements for Form
Based Code, Lakeside Mixed Residential districts.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 269 of 551
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 May 2026, 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: ___________________, 2026. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 270 of 551
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 12, 2026, the City Commission of the City of Muskegon adopted
an ordinance to amend Section XX of the zoning ordinance to amend the front setback
requirements for Form Based Code, Lakeside Mixed 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 ____________________, 2026. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 271 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Amendment to the Zoning Ordinance -
Several Changes to the Form Based Code
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend Section XX of the zoning ordinance to remove/edit several areas of
the form-based code.
Detailed Summary & Background:
Staff is proposing several amendments to the Form-Based Code (FBC). The reasoning behind these
amendments is as follows:
o The FBC has been used for over 10 years now, staff have noticed some regulations that need
to be removed or revised.
o Rezonings have brought about multiple expansions across eight neighborhoods (Nelson,
Lakeside, Nims, Jackson Hill, Campbell Field, Northeast, Angell, McLaughlin).
o Creation of new Context Areas specific to the Lakeside Business District and adjacent
residential areas in May 2019. Modeled after, but never fully integrated into the original FBC
document.
o Continued rezonings/expansion anticipated to implement the goals of the Master Land Use
Plan.
o Eliminate redundancies to improve readability for users and generally make the document
more accessible.
o Simplify regulations to ensure that the code regulates the things that it should be, and not the
things it shouldn’t be.
o Opportunity to address document formatting as the Zoning Ordinance transitions to the
Municode platform.
In general, the proposed updates include:
o Updated wording to be more specific, clear, or concise, where necessary.
o Eliminated redundant language and references to Zoning Ordinance sections with
overlapping regulations.
o Corrected Zoning Ordinance section references throughout.
o Removed unhelpful regulations that have minor effect on intended results.
o Removed "suggested" regulations, some of which will be used to draft actual regulations.
Jamie Pesch from the Planning Department will be giving a presentation on the proposed
amendments at the meeting. Please see the attached "FBC Amendments" and "Amendment
Overview" documents.
Page 272 of 551
The Planning Commission unanimously (5-0, 4 members absent) recommended approval of the
amendments.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Zoning Oridnance
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
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 the request to amend Section XX of the zoning ordinance to edit several areas of the form-
based code be approved as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 273 of 551
The following offers a summary of the proposed amendments to the Form Based Code:
- Introduction (remove pages i.1-i.12)
- Remove unneeded or intentionally blank pages (front cover, page after Table of Contents, i.12, 1.2, 2.4, 4.2,
5.12, 5.18, 5.30, 5.36, 5.42, 6.22, 6.32, 6.44, 6.54, 6.66, 6.78, 6.88, 6.98, 6.108, 6.118, 6.122, 7.18, 8.4,
10.10, page after 10.10, back cover, and four such pages in the Lakeside FBC document; increasingly a
digital document rather than a print document)
- Section 2001 Title, Purpose, and Scope:
o 2001.01 through 2001.02 (change “redevelopment” and “new development” to “development” to
broaden scope based on definition in Zoning Ordinance)
- Section 2002 Applicability and Procedures:
o 2002.00 (change “new development” to “development” to broaden scope)
- Section 2003 General Provisions:
o 2003.06 Accessory Buildings and Structures (align with Section 2311, of the Zoning Ordinance).
o 2003.08 Nonconformities (remove C, 1 Nonconforming Sign Removal Incentive)
o 2003.09 Lighting (align with Section 2333, 20 of the Zoning Ordinance)
o 2003.11 Fencing (align with Section 2333, 12-19 of the Zoning Ordinance)
o 2003.12 Trash Enclosures (merge B and C for clarity)
- Section 2004 Subdivision and Access Standards:
o 2004.01 Lot Requirements (minor changes to text to align with other Sections)
o 2004.02 Block Requirements (reduce minimum block length from 500 to 200 feet and maximum
from 1,250 to 800)
o 2004.04 Driveway Requirements (change approver for shared driveway access agreements from
City Attorney to Zoning Administrator)
o 2004.06 Sidewalks (remove reference to Public Realm Standards)
- Section 2005 Context Areas and Use:
o 2005.01 (remove reference to Context Area Map)
o 2005.02 Context Area Map (replaced with official City of Muskegon Zoning Map; remove all
references to active ground floor use requirement – the DT context area only allows mixed uses and
it is impossible to predict the viability of commercial use in various areas)
o 2005.03 Context Areas Overview (remove due to redundancy with following pages)
o 2005.04 Summary of Building Types in Each Context Area (update table to include Lakeside FBC
Context Areas)
o 2005.05 through 2005.14 Context Areas (the following are changes repeated in all 10 Context Areas
unless otherwise specified):
▪ 1.0 Context Area Intent and Description (minor changes to text)
▪ 2.0 Context Area Location (replace map with City of Muskegon Zoning Map)
▪ Table 3.0 (update to change from 100 foot minimum lot depth to 3,000 square foot
minimum lot area in FBC-NE and FBC-UR)
▪ 4.0 Building Site Placement (eliminate redundant language in E to be more concise)
▪ 5.0 Parking Placement (add language to G for clarity and update incorrect illustration
labels)
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▪ Update page, section, and illustration numbers for newly incorporated Lakeside Context
Areas
- Section 2006 Building Type Standards:
o 2006.02 Building Types by Context Area (eliminate reference to 2006.06)
o 2006.04 How to Use This Section (remove pages 6.2-6.4)
o 2006.05 Standards for All Building Types (make language in I consistent)
o 2006.06 Building Type Overview (remove due to redundancy with following pages)
o Table 2006.07 (remove duplicate of Table 2005.04)
o 2006.08 through 2006.19 Building Types:
▪ 3.0 Building Size and Massing:
• (For Building Types that permit Carriage Houses, allow for an attached garage and a
Carriage House)
• (Replace 48 foot maximum building depth with 20 foot minimum in lieu of
secondary wings for Small Multi-Plex)
• (Reduce Carriage House separation from main building from 10 feet to 6 feet and
eliminate option to connect to main building with an uninhabitable space)
▪ 4.0 Ground Floor Activation and Pedestrian Access (add language to Small Multi-Plex for
Carriage House)
▪ 5.0 Number of Units (add language to Small Multi-Plex for Carriage House)
▪ 7.0 Facade Composition Requirements:
• (Remove Pilaster requirement where applicable)
• (Remove Transparency Street/Sidewalk Level reference)
• (Relocate Transparency Upper Stories to Frontage Options section
• (Remove clear glass requirement for windows on upper stories)
▪ 8.0 Building Type Story Height (refine most height minimums to ranges for greater
predictability)
▪ 9.0 Building Type Frontage Options (update table to include Lakeside FBC Context Areas):
• Location Requirements:
o (Eliminate redundant encroachment language to be more concise)
• Composition Requirements:
o (Add stipulation that entry doors only need to be recessed when front
setback is less than three feet)
o (Remove Pilaster requirement and all references throughout)
o (Relocate Transparency Upper Stories from Facade Composition
Requirements)
o (Remove requirement for Planning Commission review of outdoor seating
areas at Storefront, Forecourt, and Dooryard Frontage Types)
o (Make overhead doors regulation more concise and remove repeated
reference image)
o (Update illustration labels and incorrect illustration numbers)
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• Updates for specific Frontage Types:
o Terrace Frontage (allow on side streets and on more than 50% of the
buildings on one block face)
o Forecourt (minor revision to description and institute maximum area of 1200
square feet; remove erroneous Flex Building Frontage Location
Requirements letter B)
- Section 2007 Public Realm Type Standards and all references throughout (remove – these are
recommendations, rather than requirements, for new subdivisions – to be replaced with Street Design
Standards)
- Section 2008 Off-Street Parking Standards:
o 2008.00 through 2008.15 (clarify wording as to the purpose of this section, and improve alignment
with Zoning Ordinance)
o 2008.04 Access Standards (clarify priority of driveway placement options)
o 2008.07 Establishment of Use Classes (remove Parking Use Class list and instead incorporate
information into Permitted Uses Tables for each Context Area in Section 2005)
o 2008.09 Shared Parking (remove obsolete section)
o 2008.10 Parking Easements and Agreements (remove obsolete section)
o 2008.11 Off-Street Parking Lot Design/Driveways (reduce separation of parking areas from
buildings)
o 2008.12 Parking Structures (Remove references to active use on the ground floor and reiterate the
requirement for a Frontage Option)
- Section 2009 Sign Standards:
o 2009.02 Sign Requirements (remove due to redundancy with following pages)
o 2009.06 Sign Type Overview (remove due to redundancy with following pages)
o 2009.07 through 2009.12 Sign Types (update to incorporate Lakeside FBC Context Areas)
o Tables 2009.13 and 2009.14 (update to incorporate Lakeside FBC Context Areas)
- Section 2010 Form Based Code Definitions:
o 2010.00 Applicability (eliminate duplicate definitions, unreferenced definitions, and definitions
related to Section 2007 Public Realm Standards)
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TABLE OF CONTENTS
TABLE OF CONTENTS
TABLE OF CONTENTS .........................................................................................................................................1
SECTION 2001 TITLE, PURPOSE, AND SCOPE .....................................................................................................5
2001.00 TITLE .................................................................................................................................................5
2001.01 PURPOSE ..........................................................................................................................................5
2001.02 SCOPE ..............................................................................................................................................5
SECTION 2002 APPLICABILITY AND PROCEDURES ..............................................................................................6
2002.00 APPLICABILITY ..................................................................................................................................6
2002.01 SITE PLAN/PLOT PLAN PROCEDURES.................................................................................................6
2002.02 SPECIAL LAND USES .........................................................................................................................7
2002.03 FORM BASED CODE DEPARTURES .....................................................................................................7
TABLE 2002.03a MINOR DEPARTURES.............................................................................................................7
TABLE 2002.03b MAJOR DEPARTURES .............................................................................................................8
2002.04 ADOPTION AND EFFECTIVE DATE.......................................................................................................8
SECTION 2003 GENERAL PROVISIONS ...............................................................................................................9
2003.00 APPLICABILITY ..................................................................................................................................9
2003.01 BONUSES AND INCENTIVES ..............................................................................................................9
2003.02 ENCROACHMENTS............................................................................................................................9
2003.03 HEIGHT MEASUREMENT OF BUILDINGS ...........................................................................................10
2003.04 OUTDOOR SEATING.........................................................................................................................10
2003.05 TRANSPARENCY ..............................................................................................................................10
2003.06 ACCESSORY BUILDINGS AND STRUCTURES ....................................................................................11
2003.07 ROOF TOP SCREENING....................................................................................................................11
2003.08 NONCONFORMITIES .......................................................................................................................12
2003.09 LIGHTING ........................................................................................................................................12
2003.10 APPEALS .........................................................................................................................................12
2003.11 FENCING ........................................................................................................................................13
2003.12 TRASH ENCLOSURES ......................................................................................................................13
SECTION 2004 SUBDIVISION AND ACCESS STANDARDS ...................................................................................14
2004.00 APPLICABILITY.................................................................................................................................14
2004.01 LOT REQUIREMENTS .......................................................................................................................14
2004.02 BLOCK REQUIREMENTS ...................................................................................................................14
2004.03 ACCESS REQUIREMENTS .................................................................................................................14
2004.04 DRIVEWAY REQUIREMENTS .............................................................................................................14
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2004.05 PLATTING REQUIREMENTS ..............................................................................................................15
2004.06 SIDEWALKS .....................................................................................................................................15
SECTION 2005 CONTEXT AREAS AND USE ........................................................................................................16
2005.00 PURPOSE ........................................................................................................................................16
2005.01 APPLICABILITY.................................................................................................................................16
2005.02 [RESERVED] ....................................................................................................................................16
2005.03 [RESERVED] ....................................................................................................................................16
2005.04 SUMMARY OF BUILDING TYPES PERMITTED IN EACH CONTEXT AREA ...............................................18
2005.05 DOWNTOWN (DT) CONTEXT AREA ...................................................................................................19
2005.06 MAINSTREET (MS) CONTEXT AREA ....................................................................................................21
2005.07 MAINSTREET WATERFRONT (MSW) CONTEXT AREA ..........................................................................23
2005.08 NEIGHBORHOOD CORE (NC) CONTEXT AREA ..................................................................................25
2005.09 NEIGHBORHOOD EDGE (NE) CONTEXT AREA ...................................................................................27
2005.10 URBAN RESIDENTIAL (UR) CONTEXT AREA .......................................................................................29
2005.11 LAKESIDE COMMERCIAL (LC) CONTEXT AREA ..................................................................................31
2005.12 LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA .....................................................................33
2005.13 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA .......................................................................35
2005.14 LAKESIDE RESIDENTIAL (LR) CONTEXT AREA ....................................................................................37
SECTION 2006 BUILDING TYPE STANDARDS .....................................................................................................39
2006.00 PURPOSE ........................................................................................................................................39
2006.01 APPLICABILITY.................................................................................................................................39
2006.02 BUILDING TYPES BY CONTEXT AREA ................................................................................................39
2006.03 CONTENTS OF THIS SECTION ..........................................................................................................39
2006.04 [RESERVED] ....................................................................................................................................39
2006.05 STANDARDS FOR ALL BUILDING TYPES ............................................................................................40
2006.06 [RESERVED] ....................................................................................................................................41
2006.07 [RESERVED] ....................................................................................................................................43
2006.08 MIXED-USE BUILDING TYPE .............................................................................................................44
2006.09 RETAIL BUILDING TYPE ....................................................................................................................50
2006.10 FLEX BUILDING TYPE .......................................................................................................................55
2006.11 COTTAGE RETAIL BUILDING TYPE .....................................................................................................61
2006.12 LIVE/WORK BUILDING TYPE .............................................................................................................65
2006.13 LARGE MULTI-PLEX BUILDING TYPE .................................................................................................71
2006.14 SMALL MULTI-PLEX BUILDING TYPE .................................................................................................76
2006.15 ROWHOUSE BUILDING TYPE ...........................................................................................................80
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TABLE OF CONTENTS
2006.16 DUPLEX BUILDING TYPE ..................................................................................................................84
2006.17 DETACHED HOUSE BUILDING TYPE .................................................................................................87
2006.18 CARRIAGE HOUSE BUILDING TYPE ..................................................................................................91
2006.19 CIVIC BUILDING TYPE ......................................................................................................................93
SECTION 2007 [RESERVED] ..............................................................................................................................95
SECTION 2008 OFF-STREET PARKING STANDARDS .........................................................................................115
2008.00 PURPOSE ......................................................................................................................................115
2008.01 APPLICABILITY ...............................................................................................................................115
2008.02 PARKING AND LOADING REVIEW ...................................................................................................115
2008.03 USE OF PARKING AREAS ................................................................................................................115
2008.04 ACCESS STANDARDS ....................................................................................................................115
2008.05 MAINTENANCE STANDARDS ..........................................................................................................115
2008.06 DIMENSIONAL REQUIREMENTS .....................................................................................................115
2008.07 ESTABLISHMENT OF USE CLASSES ................................................................................................115
2008.08 OFF-STREET PARKING REGULATIONS.............................................................................................116
2008.09 [RESERVED]...................................................................................................................................117
2008.10 [RESERVED]...................................................................................................................................117
2008.11 OFF-STREET PARKING LOT DESIGN/DRIVEWAYS ............................................................................117
2008.12 PARKING STRUCTURES ..................................................................................................................118
2008.13 OFF-STREET LOADING REQUIREMENTS .........................................................................................118
2008.14 PARKING LOT LANDSCAPING/SCREENING .....................................................................................118
2008.15 BICYCLE PARKING .........................................................................................................................118
SECTION 2009 SIGN STANDARDS ...................................................................................................................119
2009.00 PURPOSE ......................................................................................................................................119
2009.01 APPLICABILITY ...............................................................................................................................119
2009.02 [RESERVED]...................................................................................................................................119
2009.03 OFF PREMISE ADVERTISING ...........................................................................................................119
2009.04 NONCONFORMING SIGNS.............................................................................................................120
2009.05 REMOVAL ......................................................................................................................................120
2009.06 [RESERVED]...................................................................................................................................120
2009.07 SIGN BAND SIGN ...........................................................................................................................121
2009.08 WALL SIGN ....................................................................................................................................122
2009.09 PROJECTING SIGN .........................................................................................................................123
2009.10 AWNING AND CANOPY SIGN .........................................................................................................124
2009.11 WINDOW SIGN ..............................................................................................................................125
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TABLE OF CONTENTS
2009.12 GROUND SIGN ..............................................................................................................................126
2009.13 SUMMARY OF DIMENSIONAL REQUIREMENTS FOR SIGNS ..............................................................127
2009.14 SUMMARY OF SIGN QUANTITIES PERMITTED ..................................................................................127
SECTION 2010 FORM BASED CODE DEFINITIONS ...........................................................................................128
2010.00 APPLICABILITY ...............................................................................................................................128
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SECTION 2001 TITLE, PURPOSE, AND SCOPE
SECTION 2001 TITLE, PURPOSE, AND SCOPE
2001.00 TITLE
The following document shall be known as the City of Muskegon Form Based Code.
2001.01 PURPOSE
The City of Muskegon Form Based Code is intended to support redevelopment within downtown Muskegon,
including key waterfront areas and commercial districts through the establishment of building types, frontage
types and street guidelines by creating a compact, transit-oriented development pattern that fosters walkable
corridors, mixed uses, and a diversity of residential development. The City of Muskegon Form Based Code reflects
the desires and outcomes of the 2003 Imagine Muskegon Plan, the 2008 Downtown and Lakeshore
Redevelopment Plan, and the 2014 City of Muskegon Parking Strategy.
RedDevelopment within the project area shall adhere to the provisions and standards established in this form
based code in order to realize the vision set forth in the 2008 Downtown and Lakeshore Redevelopment Plan which
was subsequently adopted as part of the city’s Master Plan.
The City of Muskegon Form Based Code is a legal document regulating building types, frontage types and
thoroughfare types wherever its Context Areas are applied. It shall do so in conjunction with the municipal City of
Muskegon Zoning Ordinance for areas zoned Form Based Code (FBC) on the Zoning Map, by regulating land
development to ensure a compact, urban form.
2001.02 SCOPE
The City of Muskegon Form Based Code is a mandatory code that applies to all new development and
redevelopment within the boundaries of the Zoning Map or other locations within the municipality where the
applicable Context Areas have been applied as outlined in 2002.00, Applicability. The boundaries generally
include all lands that abut Muskegon Lake to the west, Spring Street to the north, Shoreline Drive to the south, and
Muskegon Avenue to the east, as well as the 3rd Street Business District.
Within the City of Muskegon Zoning Ordinance, properties zoned and thus regulated by the City of Muskegon Form
Based Code are within the Form Based Code (FBC) district. This district directs property owners and applicants to
this Code for development standards. Wherever there is a conflict between the City of Muskegon Form Based
Code and other sections of the City’s of Muskegon Zoning Ordinance (as applied to particular development within
the FBC district), the requirements specifically set forth in the Form Based Code shall prevail.
For development standards not covered by the City of Muskegon Form Based Code, the other applicable sections
in the municipal City of Muskegon Zoning Ordinance shall apply. All development shall also comply with all other
local, state or federal regulations and ordinances.
Throughout this Form Based Code, photographs are used for illustrative purposes only.
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SECTION 2002 APPLICABILITY AND PROCEDURES
SECTION 2002 APPLICABILITY AND PROCEDURES
2002.00 APPLICABILITY
The City of Muskegon Form Based Code shall apply to development within the boundaries of the Form Based Code
District depicted on the City of Muskegon official Zoning Map. Development shall include the following:
A. New dDevelopment.
B. Modifications to existing buildings:
1. Building Footprint. Increasing or decreasing a building footprint by twenty-five percent (25%) or
greater in area or when the cost of the addition is greater than or equal to fifty percent (50%) of the
current assessed value of the building or structure. Phased construction to avoid compliance with
this standard or breaking up construction such that the thresholds are avoided shall be prohibited.
2. Building Facade.
i. Increasing or decreasing the building facade transparency by more than fifty percent (50%).
Phased construction to avoid compliance with this standard or breaking up construction
such that the 50% threshold is avoided shall be prohibited.
ii. Building facades over 50 years are exempt from the City of Muskegon Form Based Code,
except existing window and door openings shall remain, in addition to existing building
materials, unless the Planning Commission deems the frontage as not having historic
value.
iii. For properties listed in the State or National Register of Historic Places or are located within
a Local Historic District, the Secretary of Interior Standards for Rehabilitation shall
supersede this Form Based Code.
C. Any change in land use impacting parking requirements.
D. The Planning Commission may, at the request of the applicant, waive the applicability of this Code upon a
finding that adhering to the Code would place undue hardship on the applicant. Should the Planning
Commission waive the applicability of the Form Based Code, the underlying district provisions shall apply.
2002.01 SITE PLAN/PLOT PLAN PROCEDURES
A. Full Site plan/plot plan. To expedite the development process, development within the City of Muskegon
Form Based Code that complies with the provisions of this Code shall require full site plan or plot plan
review and approval by the City’s Zoning Administrator or Building Official.
1. Section 2303 in the City of Muskegon Zoning Ordinance shall govern the type of submittal required,
being either a full site plan or plot plan.
2. Review and approval shall be conducted by the City’s Building Official for single-family detached
dwellings and modifications to comply with accessibility requirements.
3. All other development activities outlined in Section 2303 shall require review and approval of the
City’s Zoning Administrator.
B. Site Plan review procedures and requirements. Site plan submittal and review shall follow the processes
set forth in Section 2303 of the City of Muskegon Zoning Ordinance. Site plan required data shall adhere to
Section 2303 of the City of Muskegon Zoning Ordinance, unless waived or required by the City’s Zoning
Administrator per Section 2303, 8.
C. Planning Commission review. Full site plan review by the Planning Commission shall be required for any
Special Land Use or Specific Development Plan. Review standards are included in Section 23032330, 11 of
the City of Muskegon Zoning Ordinance. Special Land Use standards specific to special uses regulated in
this Form Based Code are included in Section 2005.
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SECTION 2002 APPLICABILITY AND PROCEDURES
D. Specific Development Plan. A Specific Development Plan is intended to allow applicants development
flexibility to address market conditions and opportunities, including the master planning of large lots
exceeding the maximum block dimensions as outlined in Section 2004, as well as the consolidation of
multiple properties to create predictable and market responsive development for the area. Specific
Development Plans shall be required for any Major Departure as outlined in this Section 2002.03 (form
based code departures).
1. Specific Development Plan requirements. A Specific Development Plan shall include a full site plan
and required data as outlined in Section 2303, 112330.
2. Additional requirements include: A plan depicting the proposed Context Areas for the subject
site(s) if major departures from the Context Area boundaries are requested.
3. Public Hearing: The applicant and/or Planning Commission may request a public hearing for a
Specific Development Plan. A public hearing, pursuant to the Michigan Zoning Enabling Act, shall
be required for a major departure of Context Area boundary.
4. Planning Commission action: The Planning Commission shall review and approve, with or without
conditions, the full site plan upon the following findings:
i. The Context Areas provide a seamless transition from adjacent, existing districts and uses
to the proposed subject site(s).
ii. Internal circulation and layout of lots fosters a walkable, urban area by adhering to the
maximum block lengths as outlined in Section 2004.
iii. Roadways are interconnected and provide safe areas for walking and biking.
2002.02 SPECIAL LAND USES
A. Special Land Uses. As per Section 2005 of the City of Muskegon Form Based Code, certain uses require
special land use review and approval by the Planning Commission. The special land use review and
approval process shall adhere to Section 2332 of the City of Muskegon Zoning Ordinance. Specific
standards for special land uses are determined by Context Area and Use, refer to Section 2005.
2002.03 FORM BASED CODE DEPARTURES
A. Minor Departures. The Zoning Administrator may, at the request of an applicant, waive certain minor
adjustments to context area boundaries, building frontage standards and building type standards as
outlined in Table 2002.03a.
B. Major Departures. The Planning Commission may, at the request of the Zoning Administrator or applicant,
waive certain major deviations to context area boundaries, building frontage standards and building type
standards. Table 2002.03b provides a summary of major departures.
C. Findings for Code Departures. The applicable reviewing body shall find that a departures to the Form
Based Code:
1. Does not materially change the circulation and building location on the site;
2. Does not alter the relationship between the buildings and the street;
3. Does not allow a use not otherwise permitted in this Form Based Code; and
4. The departure is the minimum required necessary to meet the intent of the Form Based Code.
TABLE 2002.03a MINOR DEPARTURES
Type Modification Findings
Context Area Area or boundary of No more than 15% When possible, boundaries shall
context area increase or decrease follow parcel lines
in area
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SECTION 2002 APPLICABILITY AND PROCEDURES
Building Frontage Location requirement, No more than 1’ Constraints related to topography,
including required deviation in standard pattern of existing adjacent facades,
building line or lot dimensions
Building Type Size and massing No more than 5% Constraints related to topography,
Entrance intervals deviation in standard pattern of existing adjacent facades,
Story height or lot dimensions
TABLE 2002.03b MAJOR DEPARTURES
Type Modification Findings
Context Area Area or boundary of No more than 30% When possible, boundaries shall
context area increase or decrease follow parcel lines
in area
Building Frontage Location requirement, More than 1’ and less Constraints related to topography,
including required than 2’ deviation in pattern of existing adjacent facades,
building line standard or lot dimensions
Building Type Size and massing No more than 10% Constraints related to topography,
Entrance intervals deviation in standard pattern of existing adjacent facades,
Story height or lot dimensions
2002.04 ADOPTION AND EFFECTIVE DATE
A. City of Muskegon
1. Adoption. The City of Muskegon Form Based Code was adopted at a regular meeting of the
Muskegon City Commission on May 26, 2015.
2. Effective Date. The City of Muskegon Form Based Code shall take effect and be in force on and
after June 5, 2015 in the City of Muskegon.
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SECTION 2003 GENERAL PROVISIONS
SECTION 2003 GENERAL PROVISIONS
2003.00 APPLICABILITY
Section 2003 identifies provisions that are general to all City of Muskegon Form Based Code Context Areas.
Each Context Area established in this code shall meet the requirements of Section 2003. If there is a conflict
between this Section and the individual requirements of the Context Area or Building Size and Massing Standards,
the requirements of the Context Areas or Building Size and Massing Standards shall govern.
2003.01 BONUSES AND INCENTIVES
A. Purpose and Intent. The Planning Commission may grant development incentives to applicants to
encourage the provision of certain community benefits or amenities that are in compliance with 2003.01.
B. Incentives Restricted to Added Benefits. Incentives shall be granted only when the community benefits or
amenities offered would not otherwise be required or are likely to result from the planning process.
C. Incentives Permitted. The Planning Commission may grant the following incentives commensurate with
the benefit provided:
1. Downtown Context Area: Building height may be increased up to 2 additional stories.
2. Building height increase bonuses shall require a site plan review and approval through the Planning
Commission.
3. The Planning Commission reserves the right to determine the extent of the increase in height, up to
the maximum bonus allowed, based on the extent of the benefit provided.
D. Civic Space Benefit. An increase in building height may be granted for the creation of dedicated Civic
Space, including greenway connections either along 3rd Street and/or over Shoreline Drive connecting the
downtown to the downtown waterfront context area. Civic Space shall meet one of the following
requirements to be considered for an incentive:
1. Civic Space shall be in the form of plazas, squares, greens, linear parks, green alleys, parklets or
parks. Civic spaces do not include community gardens.
E. Parking Structure Benefit. An increase in building height may be granted for projects that incorporate
parking structures as part of the development. Parking structures shall meet the following requirements to
be considered for an incentive:
1. The parking structures shall meet the requirements of Section 2008 Parking Standards.
2. The parking structures shall provide a minimum of fifty percent (50%) of its parking spaces as
parking available to the public at market rate.
3. The parking structures shall provide bicycle amenities including bike racks and/or bike lockers that
are easily accessed from the public right-of-way.
2003.02 ENCROACHMENTS
A. The following architectural elements may project into required setbacks, beyond required build-to-zones
or into the public right-of-way as indicated below. For encroachments into the public right-of-way, an
encroachment permit shall be obtained from the applicable City department(s).
1. Balconies. A balcony with a minimum ground clearance of twelve (12) feet above adjacent grade
may extend six (6) feet maximum from the exterior wall of the building.
2. Awnings and Canopies. An awning or canopy with a minimum ground clearance of eight (8) feet
above adjacent grade may extend five (5) feet maximum from the exterior wall of the building.
3. Eaves. Building eaves with a minimum ground clearance of twelve (12) feet above adjacent grade
may extend two (2) feet maximum from the exterior wall of the building.
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SECTION 2003 GENERAL PROVISIONS
4. Cornice. Building cornices with a minimum ground clearance of twelve (12) feet above adjacent
grade may extend up to a two (2) foot maximum from the exterior wall of the building.
5. Bay Windows. Bay windows with a minimum ground clearance of twelve (12) feet above adjacent
grade may extend three (3) feet maximum from the exterior wall of the building.
6. Projecting Signs. Projecting signs with a minimum ground clearance of eight (8) feet above adjacent
grade may extend three (3) feet maximum from the exterior wall of the building.
B. Unenclosed porches, stoops, lightwells, and steps may project into required setbacks and beyond
required build-to-zones as indicated below. Unenclosed porches, stoops, lightwells and steps shall not
project into the public right-of-way.
1. Along principal frontage lines: Unenclosed porches, stoops, and lightwells (not including steps)
may project into the front yard or front build-to-zone by no more than ten (10) feet, but shall be no
closer than five (5) feet to the principal frontage line. Steps may completely encroach into the front
yard or front build-to-zone but shall not extend beyond the principal frontage line.
2. Along secondary frontage lines: Unenclosed porches, stoops, lightwells, and steps may project
into the side yard or side build-to-zone provided that they are not closer than three (3) feet to the
secondary frontage line.
3. Along any side or rear non-frontage property line: Unenclosed porches, stoops, lightwells, and
steps may project into the side or rear yard setback areas by no more than three (3) feet.
4. Decorative walls and fences may project into setbacks or yards as allowed in Section 2331 2333
Landscaping, Fencing, Walls, Screens and Lighting.
2003.03 HEIGHT MEASUREMENT OF BUILDINGS
A. Building heights shall be measured in number of stories.
B. Story height shall be measured from floor to ceiling for each floor of a building as indicated by specific
building type.
C. Attic and basements are not counted as stories.
D. Penthouses that are required for elevators and stair enclosures for roof access are not counted as stories.
Penthouses and stair enclosures shall not extend more than 12 feet from the adjacent roof surface.
2003.04 OUTDOOR SEATING
A. Outdoor seating shall be permitted with the following building envelope types:
1. Mixed-Use Building
2. Retail Building
3. Flex Building
4. Cottage Retail Building
5. Live/Work Building
6. Civic Building
B. All other standards of Section 2308, Outdoor DiningSeating, found in the City’s of Muskegon Zoning
Ordinance shall apply.
2003.05 TRANSPARENCY
A. Facade Transparency requirements for building elevations facing principal and secondary frontage lines
are indicated as a percentage of clear glass to solid wall in Section 2006 Building Type Standards.
Transparency shall be subject to the following requirements:
1. Clear Glass. Only clear or lightly tinted glass in windows, doors, and display windows shall be shall
considered transparent.
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SECTION 2003 GENERAL PROVISIONS
2. Calculation. The calculation of the percentage of transparency shall include only the glass within
the windows, doors, and display windows.
3. Reflective Surfaces. The use of highly reflective surfaces, including reflective glass and mirrors is
prohibited on the ground floor.
4. Security Shutters. Exterior steel barriers, hurricane curtains and other security devices are not
permitted on the exterior of the building. If they are located in the interior of the building, they may
not be visible from the sidewalk or public right-of-way during business hours.
5. Interior Display. Interior display shelves and merchandise are not permitted to block or obscure
clear views into or out of the building at windows, doors or display windows that are included as
part of the required transparency.
6. Stairwells. Where stairwells are introduced to the outer building wall of a building, the exterior of
the stairwell and exit door shall be at least seventy (70) percent transparent.
2003.06 ACCESSORY BUILDINGS AND STRUCTURES
Accessory buildings and structures shall adhere to the following:regulations in Section 2311 Accessory Structures
and Buildings.
Accessory Buildings and Structures
Detached House Other Building Types
Number One Per Lot No limit; however review and
approval by Zoning
Administrator is required
Size Up to 600 square feet No limit; however review and
approval by Zoning
Administrator is required
Height One story, up to 14’
Setbacks Setbacks shall adhere to those of the applicable context area
and shall be setback from front property line by 40’
Shall be separated from main building by 10’
Shall not be closer to property lines than the main building
Composition Any part of accessory building facing a front or side street
shall adhere to the transparency requirements of the main
building, per Building Type Standards, Section 2006.
Exceptions Accessory buildings Accessory buildings and
shall not be permitted structures are permitted in
with detached house all context areas except the
containing a carriage Downtown (DT).
house on the same
property.
2003.07 ROOF TOP SCREENING
All rooftop mechanical, communication, and similar devices shall be screened from view of adjacent properties
and streets. Screening shall be so designed as to be an integral part of the building. The screening material shall
match the building’s material and color or be another material or color that is compatible with the building
exterior.
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SECTION 2003 GENERAL PROVISIONS
2003.08 NONCONFORMITIES
Any lawful use of any land or building existing on May 26, 2015 and located in a zoning district in which it would not
be permitted as a new use under the regulations of the Muskegon Form Based Code is hereby declared a
nonconforming use and not in violation of this Section, subject to the regulations of this Section.
A. Nonconforming Uses of Buildings and Structures. Nonconforming uses of buildings and structures in the
Form Based Code shall adhere to the provisions of Article XXII.
B. Nonconforming Due to Building Size and Massing. For buildings and structures that do not conform to the
building size and massing standards of this Form Based Code, but are otherwise conforming to use,
certain relief is provided and such buildings and structures shall be deemed conforming. Alterations,
repair, maintenance or other activities requiring building permit shall conform to the provisions of this
Form Based Code when such actions meet the Applicability provisions contained in Section 2002.
C. Nonconforming Signs. Nonconforming signs shall meet the provisions of Section 2334, 13 of the City of
Muskegon Zoning Ordinance.
1. Nonconforming Sign Removal Incentive. In an effort to encourage the eventual elimination of
nonconforming signs, protect public health, safety, and welfare, as well as reduce visual clutter
and improve the aesthetics of the area, the following incentive is established to encourage
conformance with Section 2009. When a non-conforming sign is removed and replaced with a
conforming sign per Section 2009 of the Form Based Code, the applicant shall be eligible for an
increase in total sign area not to exceed twenty percent (20%) of the permitted sign area of the
replacement sign.
2003.09 LIGHTING
A. Exterior site lighting, other than flag and decorative lighting, shall be confined to the development site and
conform to Section 2333, 20 of the City of Muskegon Zoning Ordinancethe following:
Lamps and luminaries shall be shielded, hooded and/or louvered to provide a glare free area beyond the property
line and beyond any public right-of-way, and the light source are not directly visible from beyond the boundary of
the site.
The light from any illumination source shall be designed so that the light intensity or brightness at any property line
shall not exceed one (1) foot candle.
Lighting fixtures shall have one hundred percent (100%) cut off above the horizontal plane at the lowest part of the
point light source. The light rays may not be emitted by the installed fixture at angles above the horizontal plane.
No light fixture shall be mounted higher than fifteen (15) feet above the average grade of the site.
There shall be no lighting of a blinking, flashing, or fluttering nature, including changes in light intensity, brightness
or color. Beacon and search lights are not permitted.
No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic
control devices.
2003.10 APPEALS
An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer,
department, board, or bureau affected by a decision of the Zoning Administrator. Such appeal process shall follow
the process and procedures of Article XXV of the City of Muskegon Zoning Ordinance.
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SECTION 2003 GENERAL PROVISIONS
2003.11 FENCING
Fencing shall be permitted with approval of the Zoning Administrator. Fencing shall adhere to Section 23312333,
12-19 of the City of Muskegon Zoning Ordinance. and the following additional provisions:
A. Fencing shall be permitted in rear and side yards only, and located behind the front building wall.
B. Fencing shall be a maximum of three (3) feet in height along side property lines; and six (6) feet in height at
rear property lines.
C. Chain link fencing shall be prohibited.
2003.12 TRASH ENCLOSURES
Open storage or refuse areas, including trash enclosures shall adhere to the following:
A. Opaque Screen Wall. An opaque screen wall (vertical structured barrier to visibility at all times such as a
fence or wall) is required around three (3) sides of the dumpster and trash bin area. Height shall not exceed
six (6) feet.
B. Trash enclosures shall not be placed or face a front or side street.
C.B. Trash enclosures shall be located behind the front building wall and be placed a minimum of
twenty (20) feet from property lines along front or side streets.
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SECTION 2004 SUBDIVISION AND ACCESS STANDARDS
SECTION 2004 SUBDIVISION AND ACCESS STANDARDS
2004.00 APPLICABILITY
The subdivision of lands within the Form Based Code district shall adhere to Chapter 78 of the City of Muskegon
Code of Ordinances, except as provided herein. Note that where the Design and Layout Standards within Chapter
78 contradict the standards herein, the standards herein shall take precedence.
2004.01 LOT REQUIREMENTS
A. Access. Blocks and Lots shall abut a sStreets, Avenue, and/or Aalleys, as defined described in Section
2005, Context Areas and Uses. Double frontage lots shall be permitted, provided that the applicant identify
a principal frontage to orient building types. Buildings shall face streets, rights-of-ways, or civic spaces.
B. Width and Depth. No lot shall be created that is less than the minimum or more than the maximum
permitted lot widths and depths defined in the applicable Context Areas. Lot width shall be as follows:
1. Residential. Residential lots for detached house types shall be at least 40’ in width. Live/work and/or
rowhouse lots shall be at least 18’ in width.
2. Commercial. Commercial or mixed use lots within all Context Areas shall be at least 25’ in width.
3.B. The maximum lot width to depth ratio shall be 1:4.
4. Applicant is encouraged to verify site dimensional requirements for desired building type and
applicable frontage standards prior to platting.
2004.02 BLOCK REQUIREMENTS
A. Length. Blocks shall be not less than 500 200 feet nor more than 1,250800 feet.
B. Width. Width shall be as necessary to meet site dimensional requirements for applicable building types.
Applicants are encouraged to consider providing civic space in the form of plazas, pocket parks, or other
public gathering areas dispersed in 1/4 mile increments and not less than 2,500 square feet in area.
C. Block Frontage. Blocks shall be bounded by public right-of-way, civic space, public access easements, or
the waterfront.
D. Connectivity. New streets shall connect to existing streets wherever possible. Cul-de-sacs shall not be
permitted.
2004.03 ACCESS REQUIREMENTS
A. Alley access is encouraged within all Context Areas.
B. Existing alleys are encouraged to be maintained.
C. Cross access easements shall be provided when feasible as an access management strategy, especially
within the Mainstreet Waterfront Context Area. Cross access ways shall be designed as rear alleys.
D. Cross access agreements shall be legally binding and allow interconnected vehicular and pedestrian
access in perpetuity.
E. Rear alleys shall be contiguous along adjacent property lines, forming a travel way parallel to the primary
thoroughfare.
F. Similar building types shall face each other across a street or avenue, while alleys may be used to
transition between building types.
2004.04 DRIVEWAY REQUIREMENTS
A. Commercial.
1. For access management purposes, driveways shall be shared and connect to a rear alley when
available.
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SECTION 2004 SUBDIVISION AND ACCESS STANDARDS
2. A shared driveway access agreement shall be reviewed and approved by the City Attorney Zoning
Administrator prior to subdivision approval.
2004.05 PLATTING REQUIREMENTS
The subdivision of lands shall follow the review and approval process as provided in Chapter 78.
2004.06 SIDEWALKS
Sidewalks shall be provided in accordance with the Street Space Standards for the applicable Context Areaalong
both sides of any public street.
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SECTION 2005 CONTEXT AREAS AND USE
SECTION 2005 CONTEXT AREAS AND USE
2005.00 PURPOSE
Section 2005 identifies the Context Areas and Uses established for the City of Muskegon Form Based Code and
provides the attributes that are allowed in each Context Area. These attributes include use, building types, and
building height. These Context Areas ensure that proposed development is consistent with the desires and
outcomes of the 2003 Imagine Muskegon Plan, the 2008 Downtown and Lakeshore Redevelopment Plan, and the
2015 City of Muskegon Parking Strategy.
Each of the Context Areas described in this Section represent a spectrum of development character and intensity,
ranging from the most urban intense (Downtown) to the least urban intense (Residential). Each Context Area
establishes character through its use of Building Types (Section 2006).
2005.01 APPLICABILITY
Each Context Area established in the Context Area Map shall meet the standards of this Section. Each Context
Area includes permitted and special uses (if applicable), Building Types, and building height. Key maps are
provided to quickly discern the context area location within the City of Muskegon.
2005.02 CONTEXT AREA MAP[RESERVED]
2005.03 CONTEXT AREAS OVERVIEW[RESERVED]
Table diagrams and More Urban Less Urban arrow
DT Downtown Description
This Context Area is characterized by mixed use buildings set next to the sidewalk in order to create a street wall
and promote commerce and shopping. These buildings contain street level retail uses with residential and office
uses on the upper floors. This Context Area has a high level of transit service that can help offset the need for off-
street parking and promote walkability.
The following are generally appropriate form elements in this Context Area:
A. Attached buildings
B. Medium to large building footprint
C. Building at the Right-of-Way
D. No side setbacks
E. Storefront frontages
MS Mainstreet Description
This Context Area is characterized by mixed use buildings set next to the sidewalk in order to create a street wall
and promote commerce and shopping. These buildings contain primarily street level retail uses, however,
residential and service uses may occur on the ground floor so that the area can mature over time. This Context
Area has a high level of walkability and vibrancy at the street level.
The following are generally appropriate form elements in this Context Area:
A. Attached buildings
B. Medium to large building footprint
C. Building at or near the Right-of-Way
D. Small side setbacks
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SECTION 2005 CONTEXT AREAS AND USE
E. Varied frontages with an emphasis on commercial
MSW Mainstreet Waterfront Description
This Context Area is similar to the Mainstreet Context Area and is characterized by mixed use buildings set next to
the sidewalk in order to create a street wall and promote commerce and shopping. Buildings in this district are
required to have setbacks on the upper floors so that lakeshore views are maintained.
The following are generally appropriate form elements in this Context Area:
A. Attached buildings
B. Medium to large building footprint
C. Building at or near the Right-of-Way
D. Small side setbacks
E. Varied frontages with an emphasis on commercial
NC Neighborhood Core Description
This Context Area is characterized by a wide variety of building types that can accommodate retail, service, office,
and residential uses. Buildings are typically close to the street and form nodes of activity at key intersections. This
Context Area forms a transitional area between the more intense Context Areas of the Form Based Code area and
the existing residential neighborhoods that are adjacent to downtown Muskegon.
The following are generally appropriate form elements in this Context Area:
A. Primarily attached buildings
B. Medium to large building footprint
C. Varied front setbacks
D. Small side setbacks
E. Varied frontages
NE Neighborhood Edge Description
This Context Area is characterized by a wide range of residential building types that have a variety of setback
conditions within a compact walkable block structure. Retail and office enterprises may occur in various locations
within the block structure. This Context Area provides a variety of medium and small residential building types that
transition between the existing neighborhoods.
The following are generally appropriate form elements in this Context Area:
A. Attached and detached buildings
B. Medium building footprints
C. Varied front setbacks
D. Medium to small side setbacks
E. Varied frontages
UR Urban Residential Description
This Context Area is characterized by a wide variety of residential buildings types that have a range of setback
conditions within a compact walkable block structure. Small retail enterprises may occur at strategic corner
locations within live/work buildings. This Context Area is typically adjacent to single family residential districts.
The following are generally appropriate form elements in this Context Area:
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SECTION 2005 CONTEXT AREAS AND USE
A. Attached and detached residential buildings
B. Medium to small building footprint
C. Varied front setbacks
D. Medium side setbacks
E. Primarily stoops and porch frontages
2005.04 SUMMARY OF BUILDING TYPES PERMITTED IN EACH CONTEXT AREA Commented [JP1]: Add updated table including
Lakeside Context Areas.
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SECTION 2005 CONTEXT AREAS AND USE
2005.05 DOWNTOWN (DT) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP2]: Add photo and plan drawing.
Intent: To reinforce and enhance the downtown city core and to enable it to evolve into a complete neighborhood
that provides local and regional service, retail, entertainment, civic, and public uses, as well as a variety of urban
housing choices.
Description: This Context Area is characterized by mixed-use buildings set next to the sidewalk in order to create a
street wall and promote commerce and shopping. These buildings contain street level retail uses with residential
and office uses on the upper floors. This context area has a high level of transit service that can help offset the
need for off-street parking and promote walkability.
The following are generally appropriate form elements in this Context Area:
A. Attached buildings
B. Medium to large building footprint
C. Building at the Right-of-Way
D. No side setbacks
E. Storefront frontages
2.0 CONTEXT AREA LOCATION Commented [JP3]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP4]: Add table.
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.01 for building site placement. Commented [JP5]: Add illustration.
A. Front Build-to-Line (at front street):
• 0 feet – required build-to-line (no setback is permitted in this Context Area, building facade shall be
at front property line).
B. Side Build-to-Line (at side street):
• 0 feet – required build-to-line (no setback is permitted in this Context Area, building facade shall be
at side property line).
C. Side Setback (at non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.02 for on-site parking placement. Commented [JP6]: Add illustration.
A. Front Setback:
• 40 feet minimum from front property line.
B. Side Setback (from side street):
• 5 feet minimum from side property line.
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SECTION 2005 CONTEXT AREAS AND USE
C. Side Setback (from non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line at non-street locations.
• 5 feet from rear property line at street locations.
E. Parking located at side or rear street locations shall be screened from the street as required by Section
2008.14.
F. Parking/service areas shall not be accessed from front streets, unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP7]: Add updated table.
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SECTION 2005 CONTEXT AREAS AND USE
2005.06 MAINSTREET (MS) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP8]: Add photo and plan drawing.
Intent: To provide a focal point that serves the city’s neighborhoods by accommodating retail, service, and
residential uses in a compact, walkable urban form.
Description: This Context Area is characterized by mixed-use buildings set next to the sidewalk in order to create a
street wall and promote commerce and shopping. These buildings contain primarily street level retail uses,
however, residential and service uses may occur on the ground floor so that the area can mature over time. This
Context Area has a high level of walkability and vibrancy at the street level.
The following are generally appropriate form elements in this Context Area:
A. Attached buildings
B. Medium to large building footprint
C. Building at or near the Right-of-Way
D. Small or no side setbacks
E. Varied frontages with an emphasis on commercial
2.0 CONTEXT AREA LOCATION Commented [JP9]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP10]: Add table.
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.03 for building site placement. Commented [JP11]: Add illustration.
A. Front Build-to-Zone (at front street):
• Required build-to-zone from 0 to 15 feet from front property line.
• Mixed-Use and Retail Building Types in this Context Area shall have facade placed at front property
line (required build-to-line at front property line).
B. Side Build-to-Zone (at side street):
• Required build-to-zone from 0 to 15 feet from side property line.
• Mixed-Use and Retail Building Types in this Context Area shall have facade placed at side property
line (required build-to-line at side property line).
C. Side Setback (at non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows, may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.04 for on-site parking placement. Commented [JP12]: Add illustration.
A. Front Setback:
• 40 feet minimum from front property line.
B. Side Setback (from side street):
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SECTION 2005 CONTEXT AREAS AND USE
• 5 feet minimum from side property line.
C. Side Setback (from non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line at non-street locations.
• 5 feet from rear property line at street locations.
E. Parking located at side or rear street locations shall be screened from the street as required by Section
2008.14.
F. Parking/service areas shall not be accessed from front streets, unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP13]: Add updated table.
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SECTION 2005 CONTEXT AREAS AND USE
2005.07 MAINSTREET WATERFRONT (MSW) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP14]: Add photo and plan
drawing.
Intent: To provide a waterfront focal point that serves the city’s neighborhoods and the region by accommodating
retail, service, and residential uses in a compact, walkable urban form.
Description: This Context Area is similar to the Mainstreet Context Area and is characterized by mixed-use
buildings set next to the sidewalk in order to create a street wall and promote commerce and shopping. Buildings
in this district are required to have setbacks on the upper floors so that lakeshore views are maintained.
The following are generally appropriate form elements in this Context Area:
A. Attached buildings
B. Medium to large building footprint
C. Building at or near the Right-of-Way
D. Small or no side setbacks
E. Varied frontages with an emphasis on commercial
2.0 CONTEXT AREA LOCATION Commented [JP15]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP16]: Add table.
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.05 for building site placement. Commented [JP17]: Add illustration.
A. Front Build-to-Zone (at front street):
• Required build-to-zone from 0 to 15 feet from front property line.
• Mixed-Use and Retail Building Types in this Context Area shall have facade placed at front property
line (required build-to-line at front property line).
• Front build-to-zone for Mainstreet Waterfront Context Area shall also be applied to any property
lines or easements that face the waterfront.
B. Side Build-to-Zone (at side street):
• Required build-to-zone from 0 to 15 feet from side property line.
• Mixed-Use and Retail Building Types in this Context Area shall have facade placed at side property
line (required build-to-line at side property line).
C. Side Setback (at non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows, may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.06 for on-site parking placement. Commented [JP18]: Add illustration.
A. Front Setback:
• 40 feet minimum from front property line.
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SECTION 2005 CONTEXT AREAS AND USE
B. Side Setback (from side street):
• 5 feet minimum from side property line.
C. Side Setback (from non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line at non-street locations.
• 5 feet from rear property line at street locations.
E. Parking located at side or rear street locations shall be screened from the street as required by Section
2008.14.
F. Parking/service areas shall not be accessed from front streets, unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP19]: Add updated table.
7.0 CONDITIONIAL PERMITTING OF BUILDING TYPES
Refer to Illustration 5.07 for upper story setbacks that are required for all buildings located in the Mainstreet Commented [JP20]: Add illustration.
Waterfront Context Area.
A. Upper stories above the second floor and facing front and side streets are required to be setback from the
front and side property line 12 feet minimum and 30 feet maximum.
B. Upper stories above the second floor and facing the waterfront (Waterfront Edge Public Realm in Section
2007) are required to be setback from the waterfront edge 20 feet minimum and 30 feet maximum.
C. Balconies that cantilever from the wall surface may encroach into the required setback area.
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SECTION 2005 CONTEXT AREAS AND USE
2005.08 NEIGHBORHOOD CORE (NC) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP21]: Add photo and plan
drawing.
Intent: To provide a variety of urban housing, retail, and commercial choices, in medium footprint, medium-
density Building Types, which reinforce the neighborhood’s walkable nature and support neighborhood retail and
service at key intersections.
Description: This Context Area is characterized by a wide variety of building types that can accommodate retail,
service, office, and residential uses. Buildings are typically close to the street and form nodes of activity at key
intersections. This Context Area forms a transitional area between the more intense Context Areas of the Form
Based Code area and the existing, adjacent residential neighborhoods that are adjacent to downtown Muskegon.
The following are generally appropriate form elements in this Context Area:
A. Attached and detached buildings
B. Medium building footprints
C. Varied front setbacks
D. Medium to small side setbacks
E. Varied frontages
2.0 CONTEXT AREA LOCATION Commented [JP22]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP23]: Add table.
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.08 for building site placement. Commented [JP24]: Add illustration.
A. Front Build-to-Zone (at front street):
• Required build-to-zone from 0 to 20 feet from front property line.
• Mixed-Use and Retail Building Types in this Context Area shall have facade placed at front property
line (required build-to-line at front property line).
B. Side Build-to-Zone (at side street):
• Required build-to-zone from 0 to 20 feet from side property line.
• Mixed-Use and Retail Building Types in this Context Area shall have facade placed at side property
line (required build-to-line at side property line).
C. Side Setback (at non-street locations):
• 3 feet from side property line.
D. Rear Setback:
• 10 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows, may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.09 for on-site parking placement. Commented [JP25]: Add illustration.
A. Front Setback:
• 40 feet minimum from front property line.
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SECTION 2005 CONTEXT AREAS AND USE
B. Side Setback (from side street):
• 5 feet minimum from side property line.
C. Side Setback (from non-street locations):
• 5 feet from side property line.
D. Rear Setback:
• 5 feet from rear property line at non-street locations.
• 5 feet from rear property line at street locations.
E. Parking located at side or rear street locations shall be screened from the street as required by Section
2008.14.
F. Parking/service areas shall not be accessed from front streets, unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP26]: Add updated table.
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SECTION 2005 CONTEXT AREAS AND USE
2005.09 NEIGHBORHOOD EDGE (NE) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP27]: Add photo and plan
drawing.
Intent: To provide an urban form that can accommodate a very diverse range of Building Types and uses, in order
to reinforce the pattern of existing diverse walkable neighborhoods and to encourage revitalization and
investment.
Description: This Context Area is characterized by a wide range of residential building types that have a variety of
setback conditions within a compact walkable block structure. Retail and office enterprises may occur in various
locations within the block structure. This Context Area provides a variety of medium and small residential building
types that transition between the existing neighborhoods.
The following are generally appropriate form elements in this Context Area:
A. Primarily attached buildings
B. Medium to large building footprint
C. Varied front setbacks
D. Small side setbacks
E. Varied frontages
2.0 CONTEXT AREA LOCATION Commented [JP28]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP29]: Add table.
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.10 for building site placement. Commented [JP30]: Add illustration.
A. Front Build-to-Zone (at front street):
• Required build-to-zone from 5 to 25 feet from front property line.
• Mixed-Use and Retail Building Types in this Context Area shall have facade placed at front property
line (required build-to-line at front property line).
B. Side Build-to-Zone (at side street):
• Required build-to-zone from 10 to 25 feet from side property line.
• Mixed-Use and Retail Building Types in this Context Area shall have facade placed at side property
line (required build-to-line at side property line).
C. Side Setback (at non-street locations):
• 3 feet from side property line.
D. Rear Setback:
• 10 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows, may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.11 for on-site parking placement. Commented [JP31]: Add updated illustration
correcting H to G.
A. Front Setback:
• 40 feet minimum from front property line.
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SECTION 2005 CONTEXT AREAS AND USE
B. Side Setback (from side street):
• 5 feet minimum from side property line.
C. Side Setback (from non-street locations):
• 5 feet from side property line.
D. Rear Setback:
• 5 feet from rear property line at non-street locations.
• 5 feet from rear property line at street locations.
E. Parking located at side or rear street locations shall be screened from the street as required by Section
2008.14.
F. Parking/service areas shall not be accessed from front streets, unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP32]: Add updated table.
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SECTION 2005 CONTEXT AREAS AND USE
2005.10 URBAN RESIDENTIAL (UR) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP33]: Add photo and plan
drawing.
Intent: To provide a variety of urban housing choices, in small to medium footprint, medium-density Building
Types, which reinforce the neighborhood’s walkable nature and support small locally-owned neighborhood retail,
service, and commercial activity.
Description: This Context Area is characterized by a wide variety of residential buildings types that have a range of
setback conditions within a compact walkable block structure. Small retail enterprises may occur at strategic
corner locations within live/work buildings. This Context Area is typically adjacent to single family residential
districts.
The following are generally appropriate form elements in this Context Area:
A. Attached and detached residential buildings
B. Medium to small building footprint
C. Varied front setbacks
D. Medium side setbacks
E. Primarily stoops and porch frontages
2.0 CONTEXT AREA LOCATION Commented [JP34]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP35]: Add updated table including
change from minimum lot depth to minimum lot
4.0 BUILDING SITE PLACEMENT area.
Refer to Illustration 5.12 for building site placement. Commented [JP36]: Add illustration.
A. Front Build-to-Zone (at front street):
• Required build-to-zone from 10 to 30 feet from front property line.
• Live/Work Building Types in this Context Area shall have a required build-to-zone from 5 to 20 feet
from front property line.
B. Side Build-to-Zone (at side street):
• Required build-to-zone from 5 to 25 feet from side property line.
• Live/Work Building Types in this Context Area shall have a required build-to-zone from 5 to 20 feet
from side property line.
C. Side Setback (at non-street locations):
• 5 feet from side property line.
D. Rear Setback:
• 15 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows, may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.13 for on-site parking placement. Commented [JP37]: Add updated illustration
correcting H to G.
A. Front Setback:
• 40 feet minimum from front property line.
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B. Side Setback (from side street):
• 10 feet minimum from side property line.
C. Side Setback (from non-street locations):
• 1 foot from side property line.
D. Rear Setback:
• 5 feet from rear property line at non-street locations.
• 10 feet from rear property line at street locations.
E. Parking located at side or rear street locations shall be screened from the street as required by Section
2008.14.
F. Parking/service areas shall not be accessed from front streets, unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP38]: Add updated table.
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2005.1105 LAKESIDE COMMERCIAL (LC) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP39]: Add photo and plan drawing.
Intent: To reinforce and enhance the Lakeside Business District and strengthen its ability to thrive as a destination
place for local consumers and tourists that provides service, retail, entertainment, civic and public uses, as well
as a variety of housing choices in a walkable, urban form.
Description: This Context Area is characterized by mixed uses set along sidewalks to help promote walkability and
commerce. The regulations have been created to continue the development pattern of the street wall on the south
side of Lakeshore Drive, and the more detached, farther set back. development type on the north side of
Lakeshore Drive. Maximum building heights have increased from prior regulations, allowing development with
views of Muskegon Lake.
The following are generally appropriate form elements in this Context Area:
A. Attached buildings on south side of Lakeshore Dr. Attached or detached buildings on north side of
Lakeshore Dr.
B. Building at the Right-of-Way south side of Lakeshore Dr. Small setback on the north side of Lakeshore Dr.
C. Medium to large building footprint
D. Storefront frontages
2.0 CONTEXT AREA LOCATION Commented [JP40]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP41]: Add table.
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.1401 for building site placement. Commented [JP42]: Add illustration.
A. Front Build-to-Zone (at front street):
• Required build-to-zone from 0 to 3 feet from front property line.
B. Side Build-to-Line/Zone (at side street):
• 0 feet – required build-to-line on the south side of Lakeshore Drive.
• 0-10 feet – required build-to-zone on the north side of Lakeshore Drive.
C. Side Setback (at non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.1502 for on-site parking placement. Commented [JP43]: Add illustration.
A. Front Setback:
• 30 feet minimum from front property line on the south side of Lakeshore Drive.
• Parking must be located behind front building line on the north side of Lakeshore Drive.
B. Side Setback (from side street):
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• 5 feet minimum from side property line.
C. Side Setback (from non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line at non-street locations.
• 5 feet from rear property line at street locations.
E. Parking located at side, rear, or front street locations shall be screened from the street as required by
Section 2008.14.
F. Parking/service areas:
• Parking/service areas shall not be accessed from Lakeshore Dr., unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
• Additional requirement for North side of Lakeshore Dr.: Parking/service areas shall not be
accessed from Lakeshore Dr., unless the property has over 100’ of road frontage on Lakeshore Dr.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP44]: Add updated table.
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SECTION 2005 CONTEXT AREAS AND USE
2005.1206 LAKESIDE HEAVY COMMERCIAL (LHC) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP45]: Add photo and plan drawing.
Intent: To continue the dense retail and mixed-use development pattern of the district, but to also allow for more
intense uses, such as auto repair and research & development. To incorporate these more intense uses
harmoniously within the walkable development pattern.
Description: This Context Area is similar to the Lakeside Commercial Context Area, but also allows for more
intense uses, such as auto repair and research & development. Mixed-use and retail buildings are set adjacent to
the sidewalk, however, garage type frontages are set back farther to allow for vehicle circulation and pedestrian
safety.
The following are generally appropriate form elements in this Context Area:
A. Attached or detached buildings on the south side of Lakeshore Dr.
B. Buildings at or near the right-of-way
C. Medium to large building footprint
D. Storefront or garage door frontage option
2.0 CONTEXT AREA LOCATION Commented [JP46]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP47]: Add table.
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.1603 for building site placement. Commented [JP48]: Add illustration.
A. Front Build-to-Zone (at front street):
• Required build-to-zone from 0 to 3 feet from front property line.
B. Side Build-to-Line/Zone (at side street):
• Required build-to-zone from 0 to 3 feet from side property line.
C. Side Setback (at non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.1704 for on-site parking placement. Commented [JP49]: Add illustration.
A. Front Setback:
• Parking must be located behind front building line. When garage door frontage option is used,
parking may be located in front of front building line, though active uses are encouraged along the
street.
B. Side Setback (from side street):
• 3 feet minimum from side property line.
C. Side Setback (from non-street locations):
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• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line at non-street locations.
• 3 feet from rear property line at street locations.
E. Parking located at side, rear, or front street locations shall be screened from the street as required by
Section 2008.14.
F. Parking/service areas:
• Parking/service areas shall not be accessed from Lakeshore Dr., unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
• Additional requirement for North side of Lakeshore Dr.: Parking/service areas shall not be
accessed from Lakeshore Dr., unless the property has over 100’ of road frontage on Lakeshore Dr.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP50]: Add updated table.
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SECTION 2005 CONTEXT AREAS AND USE
2005.1307 LAKESIDE MIXED RESIDENTIAL (LMR) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP51]: Add photo and plan drawing.
Intent: To allow for the cohesive existence of residential and business uses within the district. This Context Area
allows for residential and small scale commercial uses to be placed alongside each other in a walkable, urban
form.
Description: This Context Area is characterized by the mixture of commercial and residential uses that helps to
promote walkability and commerce. Homes fronting Lakeshore Drive are allowed a third story to take advantage of
lake views.
The following are generally appropriate form elements in this Context Area:
A. Detached homes/live-work buildings
B. Small to medium building footprint
C. Storefront frontages
2.0 CONTEXT AREA LOCATION Commented [JP52]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP53]: Add table.
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.1805 for building site placement. Commented [JP54]: Add illustration.
A. Front Build-to-Zone (at front street):
• Required build-to-zone from 5 to 12 feet from front property line.
B. Side Build-to-Zone (at side street):
• Required build-to-zone from 0 to 12 feet from side property line.
C. Side Setback (at non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows, may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.1906 for on-site parking placement. Commented [JP55]: Add illustration.
A. Front Setback:
• 40 feet minimum from front property line.
B. Side Setback (from side street):
• 5 feet minimum from side property line.
C. Side Setback (from non-street locations):
• 0 feet from side property line.
D. Rear Setback:
• 0 feet from rear property line at non-street locations.
• 5 feet from rear property line at street locations.
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E. Parking located at side or rear street locations shall be screened from the street as required by Section
2008.14.
F. Parking/service areas shall not be accessed from front streets, unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP56]: Add updated table.
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SECTION 2005 CONTEXT AREAS AND USE
2005.1408 LAKESIDE RESIDENTIAL (LR) CONTEXT AREA
1.0 CONTEXT AREA INTENT AND DESCRIPTION Commented [JP57]: Add photo and plan drawing.
Intent: To provide a variety of urban housing choices, in small to medium footprint, medium-density Building
Types, which reinforce the neighborhood’s walkable nature.
Description: This Context Area is characterized by a wide variety of residential building types that have a range of
setback conditions within a compact walkable block structure. This Context Area is typically adjacent to single
family residential districts.
The following are generally appropriate form elements in this Context Area:
A. Attached and detached residential buildings
B. Medium to small building footprint
C. Varied front setbacks
D. Medium side setbacks
E. Primarily stoops and porch frontages
2.0 CONTEXT AREA LOCATION Commented [JP58]: Delete map.
See City of Muskegon Zoning Map
3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES Commented [JP59]: Add table.
4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.2012 for building site placement. Commented [JP60]: Add illustration.
A. Front Build-to-Zone (at front street):
• Required build-to-zone from 5 to 20 feet from front property line.
B. Side Build-to-Zone (at side street):
• Required build-to-zone from 5 to 25 feet from side property line.
C. Side Setback (at non-street locations):
• 5 feet from side property line.
D. Rear Setback:
• 15 feet from rear property line.
E. Encroachments: Balconies, awnings, canopies, eaves, cornices, and bay windows, may project into
required setbacks, beyond required build-to-zones, or into the public right-of-wayArchitectural elements
as indicated in Section 2003.02.
5.0 PARKING PLACEMENT
Refer to Illustration 5.2113 for on-site parking placement. Commented [JP61]: Add illustration.
A. Front Setback:
• 40 feet minimum from front property line.
B. Side Setback (from side street):
• 10 feet minimum from side property line.
C. Side Setback (from non-street locations):
• 1 foot from side property line.
D. Rear Setback:
• 5 feet from rear property line at non-street locations.
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• 10 feet from rear property line at street locations.
E. Parking located at side or rear street locations shall be screened from the street as required by Section
2008.14.
F. Parking/service areas shall not be accessed from front streets, unless an alley or side street is not
available for driveway placement. Maximum width of driveway is 20 feet.
G. Driveway access location:
• Corner lot: 40 feet minimum from street corner (measured from the right-of-way).
• Interior lot: within 5 feet of side property line, when alley is not available.
6.0 PERMITTED USES Commented [JP62]: Add updated table.
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SECTION 2006 BUILDING TYPE STANDARDS
SECTION 2006 BUILDING TYPE STANDARDS
2006.00 PURPOSE
Section 2006 identifies particular Building Types that are permitted within various Context Areas and provides
design standards for each type to ensure that proposed development is consistent with the City of Muskegon
Master Plans’ vision and goals for downtown character and building form.
2006.01 APPLICABILITY
Each proposed building shall be designed in compliance with the standards of this Section for the applicable
Building Type.
2006.02 BUILDING TYPES BY CONTEXT AREA
Property may be developed only with the Building Types permitted by this Section in the Context Area applicable to
each lot.
A. Refer to Building Type Overview (subsection 2006.06) in this SectionTable 2005.04 to determine the
specific Building Types that are permitted in each of the Context Areas.
2006.03 CONTENTS OF THIS SECTION
The following Building Types are specified in this Section:
A. Mixed-Use Building Type
B. Retail Building Type
C. Flex Building Type
D. Cottage Retail Building Type
E. Live/Work Building Type
F. Large Multi-plex Building Type
G. Small Multi-plex Building Type
H. Rowhouse Building Type
I. Duplex Building Type
J. Detached House Building Type
K. Carriage House Building Type
L. Civic Building Type
2006.04 HOW TO USE THIS SECTION[RESERVED]
Refer to sample pages on this sheet for references of how to use each Building Type Standard. These pages are
representative of the layout for each Building Type contained in this Section.
A. Building Type Description: This subsection serves as an introduction to the Building Type, including
pictorial references of emblematic examples and a general Building Type description.
B. Precedent of Building Type: This subsection provides precedent examples of the building type in context.
Whenever possible, local examples are included in this reference. Precedent Building Types are included
as examples and inspiration to give a better understanding of the intent of the Building Type.
C. Building Size and Massing: This subsection provides the requirements for building width at front and side
streets, percentage of building wall at property line, building depth, and maximum site coverage. These
requirements are conveyed in illustration and text for convenience. The intent of this subsection is to
maintain character and enclosure along the Public Realm while ensuring that the building’s size and mass
is appropriate to the context.
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D. Ground Floor Activation and Access: This subsection provides the quantity and minimum intervals
(spacing) for building entrances. These requirements are conveyed in illustration and text for convenience.
The intent of this subsection is to ensure that the building and its entrances create an active and visible
presence on the street and sidewalk by providing front and side doors for access.
E. Number of Units: This subsection provides the minimum and/or maximum number of units that the
Building Type may accommodate.
F. Use: Uses are regulated by the Context Area in Section 2005. This subsection is a reminder that use
requirements are referenced in that section.
G. Facade Composition Requirements: This subsection indicates the required facade composition
specifications for Building Type, including upper floor(s) transparency, proportion, window orientation,
vertical articulation, and roof type.
H. Building Type Story Height: This subsection indicates the required minimum dimensions for each floor of
the specific Building Type, measured from floor to ceiling. The actual number of stories for buildings is
regulated by Context Area (Section 2005).
I. Building Type Frontage Options: Each Building Type has specific frontage options that may be chosen as
part of the overall composition and street frontage of the building. Frontages are applied to the ground
level of the Building Type where it abuts a front and side street, civic space, or public right-of-way. One
frontage is required to be used for each building that is constructed (in instances of the Flex and Live/Work
Building Types, multiple frontages may be chosen for one building). Frontages provide guidelines for
transparency, architecture, and composition that enable the building to engage and define the Public
Realm. The table in this section illustrates what frontages are appropriate for each Building Type within
each Context Area.
The following two pages are examples of frontage pages for the Storefront Frontage, one of ten different frontage
options that are available for the various Building Types.
These pages will immediately follow each of the Building Type pages that have been described above and provide
the applicable frontage choices for that Building Type.
J. Frontage Description: This paragraph describes the intent of the frontage and provides an image of a
precedent example of the frontage, applied to the Building Type that it is associated with. This image will
change throughout Section 2006, depending on the Building Type subsection that the frontage is described
in.
K. Frontage Location Requirements: This subsection provides requirements of the frontage location relative
the build-to-line, build-to-zone, or setback. These site placement requirements are defined in Section
2005, Context Areas. This subsection also provides the requirements for landscaping or paving of the
ground area adjacent to the frontage.
L. Frontage Composition Requirements: This subsection provides the requirements for the composition of
the frontage, including transparency, proportion, scale, vertical articulation, entry and details.
2006.05 STANDARDS FOR ALL BUILDING TYPES
The following standards apply to all Building Types:
A. Front Street Building Wall: Front street facades of buildings represent the building front and are located at
the public right-of-way lines along the street, public path, or civic space of address for the building.
B. Side Street Building Wall: Side street walls of buildings represent the building sides that are located at the
public right-of-way lines along all streets, public paths, or civic spaces that are not the street of address for
the building. The side street build-to-line, build-to-zone, or setback for side streets shall apply to all
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SECTION 2006 BUILDING TYPE STANDARDS
situations where side streets, public paths, or civic spaces occur at more than one side of a building (due
to a parcel that is bound on more than two sides by right-of-way lines).
C. Front Street Transparency Requirements at First Story: Each Building Type’s first story transparency at the
front street is per the frontage requirements for that Building Type. Side Street walls are required to have
one (1) of the following standards:
1. Transparency that is the same as what is required by the upper stories for the Building Type.
2. Transparency that is the same as the frontage that has been applied to the front street.
D. Percentage of Building Width at Street: Each Building Type indicates a building width percentage
requirement along the front street. This percentage is the amount of a lot line adjoining the public right-of-
way that is occupied by the front facade of the principal building. The front facade shall be parallel to the
right-of-way, located in accordance with the required build-to-lines, build-to-zones, or setbacks.
E. Frontages: Frontages define architecture and design components for the entrance(s) to the building and
the area between the facade and the front and/or side street. Each Building Type identifies the appropriate
frontage choices. The use of one of the frontages identified for the Building Type is required.
F. Maximum Site Coverage: The maximum site coverage applies to all buildings on a lot, including accessory
buildings.
G. Building Height: Buildings shall comply with the overall maximum height regulations (as measured in
number of stories) that are established by Context Area. Each Building Type has story height requirements
(measured in feet and inches) requirements.
H. Side Yard Walls: Each building shall have separate walls to support all loads independently of any walls
located on an adjacent lot. Buildings with side-facing windows shall provide necessary light and air shafts
within their own lot, without relying on the side yard of the adjacent lot.
I. Off-Street Parking Requirements and Standards: Permitted Pparking requirements for each Building Type
are is based on use and Context Area. Refer to Section 2008 for Off-Street Pparking requirements and
sStandards.
J. Sign Standards: Sign sizes and quantities for each Building Type are based on Context Area. Refer to
Section 2009 for Sign Standards.
2006.06 BUILDING TYPE OVERVIEW[RESERVED]
Building types for the Muskegon Form Based Code are summarized as follows:
MIXED USE BUILDING TYPE
This Building Type is a medium- to large-sized typically attached structure. It is intended to provide a vertical mix of
uses with ground floor retail or service uses and upper floor service or residential uses. This Type makes up the
primary component of a main street and downtown, and is a Building Type that can provide street vibrancy and
enhanced walkability.
FRONTAGE OPTIONS: Storefront, Balcony, Terrace, Forecourt, Drive-through
RETAIL BUILDING TYPE
This Building Type is a medium- to large-sized typically attached structure. It is intended to provide a single story
building with ground floor retail or service uses. This Type makes up the secondary component of a main street
and is a Building Type that can provide street vibrancy and enhanced walkability.
FRONTAGE OPTIONS: Storefront, Terrace, Drive-through
FLEX BUILDING TYPE
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This Building Type is a medium- to large-sized attached or detached structure, typically built on a large lot. It can
be used to provide a vertical mix of uses with ground floor industrial, service, retail, or residential uses; or it may be
a single-use building. This Type is a primary component in a variety of urban context areas that provide a mix of
Building Types.
FRONTAGE OPTIONS: Storefront, Terrace, Forecourt, Dooryard
COTTAGE RETAIL BUILDING TYPE
This Building Type is a small- to medium-sized detached structure. It is intended to provide retail or service uses at
the ground floor. This Type will typically have a residential mass, scale, and composition that allows it to integrate
into adjacent residential areas.
FRONTAGE OPTIONS: Storefront, Dooryard, Stoop
LIVE/WORK BUILDING TYPE
This Building Type is a small- to medium-sized attached structure that consists of one dwelling unit above and/or
behind a flexible ground floor space that can be used for residential, service, or retail uses. Both the ground floor
space and the dwelling unit are owned by one entity. This Type is especially appropriate for incubating retail and
service uses and allowing neighborhood retail to expand as the market demands.
FRONTAGE OPTIONS: Storefront, Dooryard, Lightwell, Stoop
LARGE MULTI-PLEX BUILDING TYPE
This Building Type is a medium- to large-sized structure that consists of 7 or more side-by-side and/or stacked
dwelling units, typically with one shared entry. This Type is appropriately scaled to fit in medium-density
neighborhoods and enables well-designed higher densities. It is an essential Building Type for providing a broad
choice of housing types and promoting walkability.
FRONTAGE OPTIONS: Forecourt, Dooryard, Stoop, Projecting Porch
SMALL MULTI-PLEX BUILDING TYPE
This Building Type is a medium-sized structure that consists of 3 to 6 side-by-side and/or stacked dwelling units,
typically with one shared entry or individual entries along the front. This Type has the appearance of a large single-
family house and is appropriately scaled to fit in single family neighborhoods. This Type enables well-designed
higher densities. It is an essential Building Type for providing a broad choice of housing types and promoting
walkability.
FRONTAGE OPTIONS: Stoop, Projecting Porch, Engaged Porch
ROWHOUSE BUILDING TYPE
This Building Type is a small- to medium-sized attached structure that consists of 2 to 8 rowhouses placed side-
by-side. This Type is typically located within medium-density neighborhoods or in a location that transitions from
single-family to mixed-use. This Type enables well-designed higher densities. It is an essential Building Type for
providing a broad choice of housing types and promoting walkability.
FRONTAGE OPTIONS: Lightwell, Stoop, Projecting Porch
DUPLEX BUILDING TYPE
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This Building Type is a small- to medium-sized detached structure that consists of two side-by-side or stacked
dwelling units, both facing the street and within a single building massing. This Type has the appearance of a
medium-sized single-family house and is appropriately scaled to fit in single family neighborhoods. This Type
enables well-designed higher densities. It is an essential Building Type for providing a broad choice of housing
types.
FRONTAGE OPTIONS: Stoop, Projecting Porch, Engaged Porch
DETACHED HOUSE BUILDING TYPE
This Building Type is a small- to medium-sized detached structure that incorporates one dwelling unit. It is
typically located within a primarily single-family neighborhood in a walkable urban setting. This Type enables well-
designed higher densities. It is an essential Building Type for providing a broad choice of housing types.
FRONTAGE OPTIONS: Stoop, Projecting Porch, Engaged Porch
CARRIAGE HOUSE BUILDING TYPE
This Building Type is an accessory structure typically located at the rear of a lot. It typically provides either a small
residential unit or home office space above the first floor garage. This Type is important for providing affordable
housing choices that are integrated into diverse neighborhoods. This Type shall only be used in conjunction with
the Detached House, Duplex, Rowhouse, or Live/Work Building Types.
FRONTAGE OPTIONS: Not applicable to this Building Type
CIVIC BUILDING TYPE
This Building Type is a small-, medium- or large-sized detached structure that incorporates uses of special public
importance including, but not limited to municipal buildings, churches, libraries and schools. Civic Buildings
typically have less form regulations than other Building Types because their prominence within the community
requires more iconic and distinctive form.
FRONTAGE OPTIONS: Not applicable to this Building Type
2006.07 SUMMARY OF BUILDING TYPES PERMITTED IN EACH CONTEXT AREA[RESERVED]
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2006.08 MIXED-USE BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
This The Mixed-Use Building Type is a medium- to large-sized typically attached structure. It is intended to provide
a vertical mix of uses with ground floor retail or service uses and upper floor service or residential uses. This Type
makes up the primary component of a main street and downtown, and is a Building Type that can provide street
vibrancy and enhanced walkability.
2.0 PRECEDENT OF MIXED-USE BUILDING TYPE Commented [JP63]: Add images.
The following images represent precedent examples of the Mixed-Use Building Type. They are intended as
examples only and should be used for inspiration in the creation of this Building Type for projects within the
Muskegon Form Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.01 for Building Type size and massing graphic representation. Commented [JP64]: Add illustration.
A. Building width at front street: 150 feet maximum
B. Building width at front street shall be built to a minimum of 90% of the overall width of the front street
property line.
C. Building width at side street: 100 feet maximum
D. Building depth: 20 feet minimum
E. Maximum site coverage: 100%
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.02 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP65]: Add illustration.
A. Entrances to ground floor unit(s) are required at the front street and shall be directly accessed from and
face the front street.
B. Entrances to ground floor unit(s) shall occur at intervals of not greater than 75 feet along the front street.
C. Entrances to ground floor unit(s) at the side street (if provided) shall be directly accessed from and face the
side street.
D. Upper floor units shall be accessed by a common entry along the front or side street.
E. Optional angled building corner with required entry door. Maximum length of angled wall shall be 8 feet.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Required total of 2 units minimum (1 unit at street level and 1 unit on upper level).
6.0 USE
Building Type use:
A. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.03 for Building Type facade composition requirements. Commented [JP66]: Add updated illustration
removing C, D, and F.
A. Building shall have a flat roof with parapet.
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SECTION 2006 BUILDING TYPE STANDARDS
B. Building shall have a cornice expression line at roofline.
C. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line.
D. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
E.C. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in
Division 11 for clear glass requirements.
F. Building shall have an 18” to 32” pilaster or wall surface every 20 to 40 feet along building facades facing
streets. Pilasters shall extend vertically from grade to cornice expression line.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.04 for Building Type story height requirements. Commented [JP67]: Add illustration.
A. Ground floor ceiling shall be 14 feet minimum.
B. Upper floor ceilings shall be 8-14 feet minimum.
C. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
D. Height of parapet wall shall be between 12” minimum and 4 feet maximum, measured from roof line.
9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP68]: Add updated table including
Lakeside Context Areas.
The Mixed-Use Building Type is required to have 1 of the following 5 frontage configurations applied to the ground
level floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Frontage options for the Mixed-Use Building Type are provided in the table below and described on the following
pages of this subsection.
9.01 BUILDING TYPE FRONTAGE OPTION 1: STOREFRONT
Description: The Storefront Frontage Type is applied to the ground level floor of a Building Type along the front and
side streets. It is typically associated with retail and mixed-use buildings. The storefront shall be designed in a way
that promotes an attractive and convenient shopping experience and a transparent wall along the sidewalk.
Storefronts are at grade with the sidewalk and are sometimes shaded by awnings.
Storefront Location Requirements: Refer to Illustration 6.05 for frontage location graphic reference. Commented [JP69]: Add illustration.
A. The building facade(s) are required to be placed at a build-to-line as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way per the requirements of the encroachment section in Section 2003.02.
Storefront Composition Requirements: Refer to Illustration 6.06 for frontage composition graphic reference. Commented [JP70]: Add updated illustration
removing J.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
E. Entry door is required to be at adjacent sidewalk grade.
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SECTION 2006 BUILDING TYPE STANDARDS
F. Required 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Transparency Upper Stories: Refer Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line.to Building
Type for transparency requirements of upper stories.
L.K. The storefront frontage may have an angled corner entry as permitted by the specific Building Type.
The angled corner entry shall meet the transparency requirements of the storefront frontage and have an
entry door.
M.L. Storefront windows may be replaced with overhead doors. Overhead doors that replace storefront
windows are required to that meet the transparency requirements in item H. Refer to Image 6.05. Commented [JP71]: Remove Image 6.05.
9.02 BUILDING TYPE FRONTAGE OPTION 2: BALCONY
Description: The Balcony Frontage Type contains a recessed balcony that is applied to the upper level floor of a
Building Type along the front street and a storefront that is applied to the ground level floor of a Building Type along
the front and side streets. It is always associated with mixed-use buildings. The balcony-storefront frontage shall
be designed to include an open-air space that is recessed into the building mass on the upper level(s) and a
storefront that is designed to promote an attractive, convenient shopping experience and transparent wall along
the sidewalk.
Balcony Location Requirements: Refer to Illustration 6.07 for frontage location graphic reference. Commented [JP72]: Add illustration.
A. The building facade(s) are required to be placed at a build-to-line as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. Required upper story balcony shall be located within the mass of the building.
C. Face of balcony shall align with facade of the building.
D. Storefront is required at the ground level floor.
E. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way per the requirements of the encroachment section in Section 2003.02.
Balcony Composition Requirements: Refer to Illustration 6.08 for frontage composition graphic reference. Commented [JP73]: Add updated illustration
removing J and M.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
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SECTION 2006 BUILDING TYPE STANDARDS
E. Entry door is required to be at adjacent sidewalk grade.
F. Required 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
L.K. Required recessed open-air balcony located within the mass of the building.
M.L. Required balcony columns spaced to match pilaster or wall surface of building (item J. above).
N.M. Building roof and/or parapet wall at balcony shall extend over balcony and align with building
facade.
O.N. Required guardrail or knee wall shall align with building facade.
P.O. Storefront windows may be replaced with overhead doors. Overhead doors that replace storefront
windows are required to that meet the transparency requirements in item H. Refer to Image 6.07. Commented [JP74]: Remove Image 6.07.
9.03 BUILDING TYPE FRONTAGE OPTION 3: TERRACE
Description: In a Terrace Frontage Type, the facade of the building that faces the front street is set back from the
right-of-way line to accommodate an elevated terrace. The terrace provides circulation along the facade. This
Frontage Type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to
the terrace are necessary to avoid dead walls and maximize access. This frontage may also be used in historic
industrial areas to mimic historic loading docks.
Terrace Location Requirements: Refer to Illustration 6.09 for frontage location graphic reference. Commented [JP75]: Add updated illustration
removing C and D.
A. The terrace frontage is required to be placed at a build-to-line as required by the building site placement
requirements in the Context Area section. Refer to Section 2005.
B. Building facades with the terrace frontage are exempt from the requirement of being placed at the build-to-
line at the front property line. The leading edge of the terrace is required to be placed at the build-to-line, or
as close as possible to the build-to-line in instances where conditions required in item EC. on this page
cannot be met with the terrace at build-to-line.
C. Terrace frontages are not permitted on side streets.
D. Terrace frontages shall not be permitted on more than 50% of the buildings on one block face.
E.C. Terrace placement shall provide a minimum of 10 feet for sidewalk, and pedestrian access, and
sidewalk furnishing zone between terrace edge and line of curb. Clear pedestrian access shall be
maintained at 5 feet minimum.
F.D. Low walls of the terrace that are designed for seating are encouraged.
G.E. Steps to access terrace shall occur at intervals of not greater than 50 feet. Steps may extend into
the public right-of-way when the requirements of item EC. are met.
H.F. Terrace depth shall be 5 feet minimum.
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SECTION 2006 BUILDING TYPE STANDARDS
I.G. Terrace finish level above sidewalk shall be 42 inches maximum.
J.H.Maximum length of terrace shall be 150 feet.
K.I. Storefront is required at the ground level floor.
Terrace Composition Requirements: Refer to Illustration 6.10 for frontage composition graphic reference. Commented [JP76]: Add updated illustration
removing J.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
E. Entry door is required to be at adjacent terrace grade.
F. Required 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade of
terrace.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
L.K. Storefront windows may be replaced with overhead doors . Overhead doors that replace storefront
windows are required to that meet the transparency requirements in item H. Refer to Image 6.09. Commented [JP77]: Remove Image 6.09.
M.L. Conditionally Permitting of Frontage: Terrace Frontage is permitted to be used on this Building Type
only when adjacent sidewalk and Public Realm conditions present slopes that prevent consistent at-grade
access.
9.04 BUILDING TYPE FRONTAGE OPTION 4: FORECOURT
Description: In a Forecourt Frontage Type, the facade of the building that faces the front street is at or near the
right-of-way line and a small percentagesection of the facade is set back, creating a small courtyard space. In a
storefront forecourt the courtyard space shall be used as an additional shopping space or restaurant seating area.
The courtyard area is not covered and extends the entire height of the building.
Forecourt Location Requirements: Refer to Illustration 6.11 for frontage location graphic reference. Commented [JP78]: Add illustration.
A. A minimum of 30% of the building facade of the forecourt frontage is required to be placed at a build-to-
line as required by the building site placement requirements in the Context Area section. Refer to Section
2005.
B. Required courtyard shall have a width that isof twelve (12) feet minimum.
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SECTION 2006 BUILDING TYPE STANDARDS
C. Required courtyard shall have a depth of twelve (12) feet minimum.
D. Courtyard shall not exceed 1,200 square feet in area and shall be paved. Landscape islands may be used
within the space, but may not cover more than 40% of the courtyard’s ground area (refer to Image 6.10 on Commented [JP79]: Add image.
this page).
E. Storefront is required at the ground level floor on all sides of courtyard and on building facades facing
streets, civic space, and rights-of-way.
F. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way per the requirements of the encroachment section in Section 2003.02.
Forecourt Composition Requirements: Refer to Illustration 6.12 for frontage composition graphic reference for Commented [JP80]: Add updated illustration
building walls that face the courtyard and building walls that face the front and side streets. removing J.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
E. Entry door is required to be at adjacent sidewalk grade.
F. Required 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
L.K. Storefront windows may be replaced with overhead doors. Overhead doors that replace storefront
windows are required to that meet the transparency requirements in item H. Refer to Image 6.11. Commented [JP81]: Remove Image 6.11.
9.05 BUILDING TYPE FRONTAGE OPTION 5: DRIVE-THROUGH
Description: The Drive-through Frontage is identical to the Storefront Frontage, however it includes an automobile
drive-through at the rear or non-street facing sides. The drive-through may include a covered structure at the
service window location. This structure is designed to be a secondary element to the building and is consistent
with the massing, scale, and design of the building. This frontage is typically associated with retail and mixed-use
buildings and includes a storefront that is designed in a way that promotes an attractive and convenient shopping
experience.
Drive-Through Composition Requirements: Refer to Illustration 6.13 for frontage composition graphic reference. Commented [JP82]: Add updated illustration
removing J.
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SECTION 2006 BUILDING TYPE STANDARDS
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
E. Entry door is required to be at adjacent sidewalk grade.
F. Required 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
L.K. The storefront frontage may have an angled corner entry as permitted by the specific Building Type.
The angled corner entry shall meet the transparency requirements of the storefront frontage and have an
entry door.
Drive-Through Location Requirements: Refer to Illustration 6.143 for frontage location graphic reference. Commented [JP83]: Add illustration. All
subsequent Illustration numbers are corrected
A. The building facade(s) are required to be placed at a build-to-line as required by the building site from 6.13 to 6.113 due to a repeated number here.
placement requirements in the Context Area section. Refer to Section 2005.
B. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way per the requirements of the encroachment section in Section 2003.02.
C. Rear Drive-Through Zone: Drive-through locations at the rear of the building shall be placed within a rear
drive-through zone that is located as follows:
1. 0 to 45 feet, measured from rear building wall.
2. 15 feet minimum, measured from building walls that face side streets.
D. Side Drive-Through Zone: Drive-through locations at the non-street facing sides of the building shall be
placed within a rear drive-through zone that is located as follows:
1. 0 to 45 feet, measured from side building wall.
2. 15 feet minimum, measured from building walls that face front streets.
E. Drive-through locations shall comply with rear and side setbacks of the Context Area that the lot is in.
Refer to Section 2005.
F. Storefront is required at the ground level floor at building facades facing streets, civic space, and rights-of-
way.
2006.09 RETAIL BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
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SECTION 2006 BUILDING TYPE STANDARDS
This The Retail Building Type is a medium- to large-sized typically attached structure. It is intended to provide a
single story building with ground floor retail or service uses. This Type makes up the secondary component of a
main street and is a Building Type that can provide street vibrancy and enhanced walkability.
2.0 PRECEDENT OF RETAIL BUILDING TYPE Commented [JP84]: Add images.
The following images represent precedent examples of the Building Type. They are intended as examples only and
should be used for inspiration in the creation of this Building Type for projects within the Muskegon Form Based
Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.154 for Building Type size and massing graphic representation. Commented [JP85]: Add illustration.
A. Building width at front street: 150 feet maximum
B. Building width at front street shall be built to a minimum of 90% of the overall width of the front street
property line.
C. Building width at side street: 100 feet maximum
D. Building depth: 20 feet minimum
E. Maximum site coverage: 100%
4.0 GROUND FOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.165 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP86]: Add illustration.
A. Entrances to ground floor unit(s) are required at the front street and shall be directly accessed from and
face the front street.
B. Entrances to ground floor unit(s) shall occur at intervals of not greater than 75 feet along the front street.
C. Entrances to ground floor unit(s) at the side street (if provided) shall be directly accessed from and face the
side street.
D. Optional angled building corner with required entry door. Maximum length of angled wall shall be 8 feet.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Required total of 1 unit minimum (1 unit at street level).
6.0 USE
Building Type use:
A. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.176 for Building Type facade composition requirements. Commented [JP87]: Add updated illustration
removing C and D.
A. Building shall have a flat roof with parapet.
B. Building shall have a cornice expression line at roofline.
C. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
D. Building shall have an 18” to 32” pilaster or wall surface every 20 to 40 feet along building facades facing
streets. Pilasters shall extend vertically from grade to cornice expression line.
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SECTION 2006 BUILDING TYPE STANDARDS
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.187 for Building Type story height requirements. Commented [JP88]: Add illustration.
A. Ground floor ceiling shall be 14 feet minimum.
B. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
C. Height of parapet wall shall be between 12” minimum and 4 feet maximum, measured from roof line.
9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP89]: Add updated table including
Lakeside Context Areas.
The Retail Building Type is required to have 1 of the following 3 frontage configurations applied to the ground level
floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Frontage options for the Retail Building Type are provided in the table below and described on the following pages
of this subsection.
9.01 BUILDING TYPE FRONTAGE OPTION 1: STOREFRONT
Description: The Storefront Frontage Type is applied to the ground level floor of a Building Type along the front and
side streets. It is typically associated with retail and mixed-use buildings. The storefront shall be designed in a way
that promotes an attractive and convenient shopping experience and a transparent wall along the sidewalk.
Storefronts are at grade with the sidewalk and are sometimes shaded by awnings.
Storefront Location Requirements: Refer to Illustration 6.198 for frontage location graphic reference. Commented [JP90]: Add illustration.
A. The building facade(s) are required to be placed at a build-to-line as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. Awnings, canopies, cornices, and projecting signsArchitectural elements may extend into the public right-
of-way per the requirements of the encroachment section in Section 2003.02.
Storefront Composition Requirements: Refer to Illustration 6.2019 for frontage composition graphic reference. Commented [JP91]: Add updated illustration
removing J.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
E. Entry door is required to be at adjacent sidewalk grade.
F. Optional 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
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SECTION 2006 BUILDING TYPE STANDARDS
J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Refer to Building Type for roof and cornice requirements.
L.K. The storefront frontage may have an angled corner entry as permitted by the specific Building Type.
The angled corner entry shall meet the transparency requirements of the storefront frontage and have an
entry door.
M.L. Storefront windows may be replaced with overhead doors. Overhead doors that replace storefront
windows are required to that meet the transparency requirements in item H. Refer to Image 6.18. Commented [JP92]: Remove Image 6.18.
9.02 BUILDING TYPE FRONTAGE OPTION 2: TERRACE
Description: In a Terrace Frontage Type, the facade of the building that faces the front street is set back from the
right-of-way line to accommodate an elevated terrace. The terrace provides circulation along the facade. This
Frontage Type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to
the terrace are necessary to avoid dead walls and maximize access. This frontage may also be used in historic
industrial areas to mimic historic loading docks.
Terrace Location Requirements: Refer to Illustration 6.210 for frontage location graphic reference. Commented [JP93]: Add updated illustration
removing C and D.
A. The terrace frontage is required to be placed at a build-to-line as required by the building site placement
requirements in the Context Area section. Refer to Section 2005.
B. Building facades with the terrace frontage are exempt from the requirement of being placed at the build-to-
line at the front property line. The terrace is required to be placed at the build-to-line, or as close as
possible to the build-to-line in instances where conditions required in item CE on this page cannot be met
with the terrace at build-to-line.
C. Terrace frontages are not permitted on side streets.
D. Terrace frontages shall not be permitted on more than 50% of the buildings on one block face.
E.C. Terrace placement shall provide a minimum of 10 feet for sidewalk, and pedestrian access, and
sidewalk furnishing zone between terrace edge and line of curb. Clear pedestrian access shall be
maintained at 5 feet minimum.
F.D. Low walls of the terrace that are designed for seating are encouraged.
G.E. Steps to access terrace shall occur at intervals of not greater than 50 feet. Steps may extend into
the public right-of-way when the requirements of item EC. are met.
H.F. Terrace depth shall be 5 feet minimum.
I.G. Terrace finish level above sidewalk shall be 42 inches maximum.
J.H.Maximum length of terrace shall be 150 feet.
K.I. Storefront is required at the ground level floor.
Terrace Composition Requirements: Refer to Illustration 6.221 for frontage composition graphic reference. Commented [JP94]: Add updated illustration
removing J.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
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E. Entry door is required to be at adjacent terrace grade.
F. Optional 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade of
terrace.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Refer to Building Type for roof and cornice requirements.
L.K. Storefront windows may be replaced with overhead doors. Overhead doors that replace storefront
windows are required to that meet the transparency requirements in item H. Refer to Image 6.20. Commented [JP95]: Remove Image 6.20.
M.L. Conditionally Permitting of Frontage: Terrace Frontage is permitted to be used on this Building Type
only when adjacent sidewalk and Public Realm conditions present slopes that prevent consistent at-grade
access.
9.03 BUILDING TYPE FRONTAGE OPTION 3: DRIVE-THROUGH
Description: The Drive-through Frontage is identical to the Storefront Frontage, however it includes an automobile
drive-through at the rear or non-street facing sides. The drive-through may include a covered structure at the
service window location. This structure is designed to be a secondary element to the building and is consistent
with the massing, scale, and design of the building. This frontage is typically associated with retail and mixed-use
buildings and includes a storefront that is designed in a way that promotes an attractive and convenient shopping
experience.
Drive-Through Composition Requirements: Refer to Illustration 6.232 for frontage composition graphic reference. Commented [JP96]: Add updated illustration
removing J.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
E. Entry door is required to be at adjacent sidewalk grade.
F. Required 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
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J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Refer to Building Type for roof and cornice requirements.
L.K. The storefront frontage may have an angled corner entry as permitted by the specific Building Type.
The angled corner entry shall meet the transparency requirements of the storefront frontage and have an
entry door.
Drive-Through Location Requirements: Refer to Illustration 6.243 for frontage location graphic reference. Commented [JP97]: Add illustration.
A. The building facade(s) are required to be placed at a build-to-line or within a build-to-zone, depending on
building site placement requirements in the Public Realm Context Area section. Refer to Section
20042005.
B. Awnings, canopies, cornices, and projecting signsArchitectural elements may extend into the public right-
of-way per the requirements of the encroachment section in Section 2003.02.
C. Rear Drive-Through Zone: Drive-through locations at the rear of the building shall be placed within a rear
drive-through zone that is located as follows:
1. 0 to 45 feet, measured from rear building wall.
2. 15 feet minimum, measured from building walls that face side streets.
D. Side Drive-Through Zone: Drive-through locations at the non-street facing sides of the building shall be
placed within a rear drive-through zone that is located as follows:
1. 0 to 45 feet, measured from side building wall.
2. 15 feet minimum, measured from building walls that face front streets.
E. Drive-through locations shall comply with rear and side setbacks of the Context Area that the lot is in.
Refer to Section 2005.
F. Storefront is required at the ground level floor at building facades facing streets, civic space, and rights-of-
way.
2006.10 FLEX BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
The Flex Building Type is a medium- to large-sized attached or detached structure, typically built on a large lot. It
can be used to provide a vertical mix of uses with ground floor industrial, service, retail, or residential uses; or it
may be a single-use building. This Type is a primary component in a variety of urban context areas that provide a
mix of Building Types.
2.0 PRECEDENT OF FLEX BUILDING TYPE Commented [JP98]: Add images. Correct image
of Muskegon Savings Bank.
The following images represent precedent examples of the Flex Building Type. They are intended as examples only
and should be used for inspiration in the creation of this Building Type for projects within the Muskegon Form
Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.254 for Building Type size and massing graphic representation. Commented [JP99]: Add illustration.
A. Building width at front street: 200 feet maximum
B. Building width at front street shall be built to a minimum of 75% of the overall width of the front street
property line.
C. Building width at side street: 100 feet maximum
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SECTION 2006 BUILDING TYPE STANDARDS
D. Building depth: 20 feet minimum
E. Maximum site coverage: 100%
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.265 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP100]: Add illustration.
A. Entrances to ground floor unit(s) are required at the front street and shall be directly accessed from and
face the front street.
B. Entrances to ground floor unit(s) shall occur at intervals of not greater than 100 feet along the front street.
C. Entrances to ground floor unit(s) at the side street (if provided) shall be directly accessed from and face the
side street.
D. Upper floor units may be accessed by a common entry or lobby along the front or side street or at the rear
of the building.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Required total of 1 unit minimum.
6.0 USE
Building Type use:
A. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.276 for Building Type facade composition requirements. Commented [JP101]: Add updated illustration
removing C, D, and F.
A. Building shall have a flat roof with parapet.
B. Building shall have a cornice expression line at roofline.
C. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line.
D. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
E.C. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in
Division 11 for clear glass requirements.
F. Building shall have an 18” to 32” pilaster or wall surface every 20 to 40 feet along building facades facing
streets. Pilasters shall extend vertically from grade to cornice expression line.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.287 for Building Type story height requirements. Commented [JP102]: Add illustration.
A. Ground floor ceiling shall be 14 feet minimum.
B. Upper floor ceilings shall be 8-14 feet minimum.
C. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
D. Height of parapet wall shall be between 12” minimum and 4 feet maximum, measured from roof line.
9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP103]: Add updated table
including Lakeside Context Areas.
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The Flex Building Type is required to have 1 of the following 4 frontage configurations applied to the ground level
floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Combination of Frontages: For Flex Building Types, more than one frontage may be used on the same building at
front and/or side streets.
Frontage options for the Flex Building Type are provided in the table below and described on the following pages of
this subsection.
9.01 BUILDING TYPE FRONTAGE OPTION 1: STOREFRONT
Description: The Storefront Frontage Type is applied to the ground level floor of a Building Type along the front and
side streets. It is typically associated with retail and mixed-use buildings. The storefront shall be designed in a way
that promotes an attractive and convenient shopping experience and a transparent wall along the sidewalk.
Storefronts are at grade with the sidewalk and are sometimes shaded by awnings.
Storefront Location Requirements: Refer to Illustration 6.298 for frontage location graphic reference. Commented [JP104]: Add illustration.
A. The building facade(s) are required to be placed within a build-to-zone, as required by building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the building facade shall have one of
the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a sidewalk connecting the entry door to the public sidewalk. Sidewalk
connecting entry door and public sidewalk shall have a width that is equal to the width of the
widest part of the entry door recess.
3. Ground area may be paved at distances greater than ten (10) feet when outdoor seating is
proposed per approval of Planning Director and/or Planning Commission.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way per the requirements of the encroachment section in Section 2003.02.
Storefront Composition Requirements: Refer to Illustration 6.3029 for frontage composition graphic reference. Commented [JP105]: Add updated illustration
removing J.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
E. Entry door is required to be at adjacent sidewalk grade.
F. Optional 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade.
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H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
L.K. Storefront windows may be replaced with overhead doors. Overhead doors that replace storefront
windows are required to that meet the transparency requirements in item H. Refer to Image 6.27. Commented [JP106]: Remove Image 6.27.
9.02 BUILDING TYPE FRONTAGE OPTION 2: TERRACE
Description: In a Terrace Frontage Type, the facade of the building that faces the front street is set back from the
right-of-way line to accommodate an elevated terrace. The terrace provides circulation along the facade. This
Frontage Type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to
the terrace are necessary to avoid dead walls and maximize access. This frontage may also be used in historic
industrial areas to mimic historic loading docks.
Terrace Location Requirements: Refer to Illustration 6.310 for frontage location graphic reference. Commented [JP107]: Add updated illustration
removing C.
A. The terrace frontage is required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. Building facades with the terrace frontage are exempt from the requirement of being placed within the
build-to-zone at the front and side property lines. The terrace is required to be placed within the build-to-
zone.
C. Terrace frontages shall not be permitted on more than 50% of the buildings on one block face.
D.C. The ground area between the front property lines and the front edge of the terrace shall be paved to
match the public sidewalk. In cases where steps project beyond the front edge of the terrace, the area
adjacent to and in line with the steps may be landscaped.
E.D. Terrace placement shall provide a minimum of 10 feet for sidewalk, and pedestrian access, and
sidewalk furnishing zone between terrace edge and line of curb. Clear pedestrian access shall be
maintained at 5 feet minimum.
F.E. Low walls of the terrace that are designed for seating are encouraged.
G.F. Steps to access terrace shall occur at intervals of not greater than 50 feet. Steps may extend past
the build-to-zone when the requirements of item ED. are met.
H.G. Terrace depth shall be 10 feet minimum.
I.H. Terrace finish level above sidewalk shall be 42 inches maximum.
J.I. Maximum length of terrace shall be 200 feet.
K.J. Storefront is required at the ground level floor.
Terrace Composition Requirements: Refer to Illustration 6.321 for frontage composition graphic reference. Commented [JP108]: Add updated illustration
removing J.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
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D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
E. Entry door is required to be at adjacent terrace grade.
F. Optional 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade of
terrace.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
I. Required 18” to 30” high storefront base.
J. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
K.J. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
L.K. Storefront windows may be replaced with overhead doors. Overhead doors that replace storefront
windows are required to that meet the transparency requirements in item H. Refer to Image 6.29. Commented [JP109]: Remove Image 6.29.
M.L. Conditionally Permitting of Frontage: Terrace Frontage is permitted to be used on this Building Type
only when adjacent sidewalk and Public Realm conditions present slopes that prevent consistent at-grade
access.
9.03 BUILDING TYPE FRONTAGE OPTION 3: FORECOURT
Description: In a Forecourt Frontage Type, the facade of the building that faces the front street is at or near the
right-of-way line and a small percentagesection of the facade is set back, creating a small courtyard space. The
courtyard space may be used as an entry court or shared garden space, or as an additional area for shopping or
restaurant seating. The courtyard area is not covered and extends the entire height of the building.
Forecourt Location Requirements: Refer to Illustration 6.332 for frontage location graphic reference. Commented [JP110]: Add updated illustration
removing B.
A. A minimum of 30% of the building facade of the forecourt frontage is required to be placed within the build-
to-zone as required by the building site placement requirements in the Context Area section. Refer to
Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall have
one of the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a sidewalk connecting the entry door to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width that is equal to the width of the widest part of the entry door
recess.
3.A. Ground area may be paved at distances greater than ten (10) feet when outdoor seating is
proposed per approval of Planning Director and/or Planning Commission.
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SECTION 2006 BUILDING TYPE STANDARDS
C.B. Required courtyard shall have a width that isof twelve (12) feet minimum.
D.C. Required courtyard shall have a depth of twelve (12) feet minimum.
E.D. Courtyard shall not exceed 1,200 square feet in area and shall be paved. Landscape islands may
be used within the space, but may not cover more than 40% of the courtyard’s ground area.
F.E. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements
may extend into the public right-of-way per the requirements of the encroachment section in Section
2003.02.
Forecourt Composition Requirements: Refer to Illustration 6.343 for frontage composition graphic reference for Commented [JP111]: Add updated illustration
building walls that face the courtyard and building walls that face the front and side streets. removing D.
A. Entry door(s) shall have 25% minimum transparency.
B. Entry door(s) may be at-grade or raised and accessed by steps.
1. At-grade entry door (zero-step) shall have one of the following treatments:
i. Covered with a supported roof (as depicted in the graphic). Roof shall be supported with
columns.
ii. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
iii. Uncovered (with no canopy or supported roof).
iv. Recessed in building wall.
2. Elevated entry door shall have one of the following treatments:
i. Covered with a supported roof. Roof shall be supported with columns.
ii. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
3. Elevated entry doors shall have a stoop (landing at door) that is minimum 4 feet deep and minimum
4 feet wide.
C. Transparency: Forecourt frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
D. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type.
E.D. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade
be windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
9.04 BUILDING TYPE FRONTAGE OPTION 4: DOORYARD
Description: In a Dooryard Frontage Type, the facade of the building that faces the front street is setback a small
distance from the front and side streets, typically within a build-to-zone. The front property line is oftentimes
defined by a low wall, fence, or hedge, creating a small dooryard. The dooryard shall not provide public circulation
along the rights-of-way. The dooryard may be raised or at-grade and is most often intended for ground floor
residential.
Dooryard Location Requirements: Refer to Illustration 6.354 for frontage location graphic reference. Commented [JP112]: Add illustration.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall have
one of the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
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2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a sidewalk connecting the entry door to the public sidewalk. Sidewalk
connecting entry door and public sidewalk shall have a width that is equal to the width of the
widest part of the entry door recess.
Additionally, one of the following landscape elements is required to be placed at the property line
when the distance between facade and property line is greater than ten (10) feet:
i. A 24” to 42” high brick wall.
ii. A decorative metal fence that is 42” high maximum.
iii. A continuous hedge that is maintained at a 42” maximum height.
3. Ground area may be paved at distances greater than ten (10) feet when outdoor seating is
proposed per approval of Planning Director and/or Planning Commission.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and lightwells may extend in to required setbacks per the requirements
of the encroachment section in Section 2003.02.
D. Wells may extend into required setbacks per the requirements of the encroachment section in Section
2003.
Dooryard Composition Requirements: Refer to Illustration 6.365 for frontage composition graphic reference. Commented [JP113]: Add updated illustration
removing D.
A. Entry door(s) shall have 25% minimum transparency.
B. Entry door(s) may be at-grade or elevated and accessed by steps.
1. At-grade entry door (zero-step) shall have one of the following treatments:
i. Covered with a supported roof (as depicted in the graphic). Roof shall be supported with
columns.
ii. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
iii. Uncovered (with no canopy or supported roof).
iv. Recessed in building wall.
2. Elevated entry door shall have one of the following treatments:
i. Covered with a supported roof. Roof shall be supported with columns.
ii. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
3. Elevated entry doors shall have a stoop (landing at door) that is minimum 4 feet deep and minimum
4 feet wide.
C. Transparency: Dooryard frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
D. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type.
E.D. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade
be windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
2006.11 COTTAGE RETAIL BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
The Cottage Retail Building Type is a small- to medium-sized detached structure. It is intended to provide retail or
service uses at the ground floor. This Type will typically have a residential mass, scale, and composition that
allows it to integrate into adjacent residential areas.
2.0 PRECEDENT OF COTTAGE RETAIL BUILDING TYPE Commented [JP114]: Add images.
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The following images represent precedent examples of the Cottage Retail Building Type. They are intended as
examples only and should be used for inspiration in the creation of this Building Type for projects within the
Muskegon Form Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.376 for Building Type size and massing graphic representation. Commented [JP115]: Add illustration.
A. Building width at front street: 30 feet maximum
B. Building depth: 20 feet minimum
C. Maximum site coverage: 60%
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.387 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP116]: Add illustration.
A. Entrances to ground floor unit(s) are required at the front street and shall be directly accessed from and
face the front street.
B. Entrances to ground floor unit(s) at the side street (if provided) shall be directly accessed from and face the
side street.
C. Upper floor units may be accessed by a common entry along the front or side street or at the rear of the
building.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Required total of 1 unit minimum.
B. Cottage Retail Buildings per lot: 2 maximum.
6.0 USE
Building Type use:
A. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.398 for Building Type facade composition requirements. Commented [JP117]: Add updated illustration
removing B and C.
A. Building shall have a pitched (sloped) roof that is compatible with the surrounding residential architecture.
B. Transparency Upper Stories: Building facades facing streets shall have 10% to 35% of the facade be
windows between the finish floor line of the second story and roof eave.
C. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
D.B. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in
Division 11 for clear glass requirements.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.4039 for Building Type story height requirements. Commented [JP118]: Add illustration.
A. Ground floor ceiling shall be 8-1412 feet minimum.
B. Upper floor ceilings shall be 8-14 feet minimum.
C. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
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9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP119]: Add updated table
including Lakeside Context Areas.
The Cottage Retail Building Type is required to have 1 of the following 3 frontage configurations applied to the
ground level floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Frontage options for the Cottage Retail Building Type are provided in the table below and described on the
following pages of this subsection.
9.01 BUILDING TYPE FRONTAGE OPTION 1: STOREFRONT
Description: The Storefront Frontage Type is applied to the ground level floor of a Building Type along the front and
side streets. It is typically associated with retail and mixed-use buildings. The storefront shall be designed in a way
that promotes an attractive and convenient shopping experience and a transparent wall along the sidewalk.
Storefronts are at grade with the sidewalk and are sometimes shaded by awnings.
Storefront Location Requirements: Refer to Illustration 6.410 for frontage location graphic reference. Commented [JP120]: Add illustration.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the building facade shall have one of
the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a sidewalk connecting the entry door to the public sidewalk. Sidewalk
connecting entry door and public sidewalk shall have a width that is equal to the width of the
widest part of the entry door recess.
3. Ground area may be paved at distances greater than ten (10) feet when outdoor seating is
proposed per approval of Planning Director and/or Planning Commission.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way per the requirements of the encroachment section in Section 2003.02.
Storefront Composition Requirements: Refer to Illustration 6.421 for frontage composition graphic reference. Commented [JP121]: Add updated illustration
removing J.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. Required entry door shall have fifty (50) percent minimum transparency.
D. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
E. Entry door is required to be at adjacent sidewalk grade.
F. Required 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
G. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade.
H. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
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I. Required 18” to 30” high storefront base.
J. Required 18” to 32” wide pilaster or wall surface spaced at 20 to 40 feet along building facades facing
street. Pilaster or wall surface shall extend the full height of the storefront frontage and shall be terminated
by the sign band or horizontal expression line.
K.J. Transparency Upper Stories: Building facades facing streets shall have 10% to 35% of the facade be
windows between the finish floor line of the second story and roof eaveRefer to Building Type for
transparency requirements of upper stories.
9.02 BUILDING TYPE FRONTAGE OPTION 2: DOORYARD
Description: In a Dooryard Frontage Type, the facade of the building that faces the front and/or side streets is
setback a small distance from the front and side streets, typically within a build-to-zone. The front property line is
oftentimes defined by a low wall, fence, or hedge, creating a small dooryard. The dooryard shall not provide public
circulation along the rights-of-way. The dooryard is at-grade.
Dooryard Location Requirements: Refer to Illustration 6.432 for frontage location graphic reference. Commented [JP122]: Add updated illustration
removing D.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall have
one of the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a sidewalk connecting the entry door to the public sidewalk. Sidewalk
connecting entry door and public sidewalk shall have a width that is equal to the width of the
widest part of the entry door recess.
Additionally, one of the following landscape elements is required to be placed at the property line
when the distance between facade and property line is greater than ten (10) feet:
i. A 24” to 42” high brick wall.
ii. A decorative metal fence that is 42” high maximum.
iii. A continuous hedge that is maintained at a 42” maximum height.
3. Ground area may be paved at distances greater than ten (10) feet when outdoor seating is
proposed per approval of Planning Director and/or Planning Commission.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and lightwells may extend into required setbacks per the requirements
of the encroachment section in Section 2003.02.
D. Wells may extend into required setbacks per the requirements of the encroachment section in Section
2003.
Dooryard Composition Requirements: Refer to Illustration 6.443 for frontage composition graphic reference. Commented [JP123]: Add illustration.
A. Entry door(s) shall have 25% minimum transparency.
B. Entry door(s) are required to be at-grade. At-grade entry doors shall have one of the following treatments:
1. Covered with a supported roof. Roof shall be supported with columns.
2. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
3. Uncovered (with no canopy or supported roof, ). Aas depicted in the graphic).
4. Recessed in building wall.
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C. Transparency: Dooryard frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
D. Transparency Upper Stories: Building facades facing streets shall have 10% to 35% of the facade be
windows between the finish floor line of the second story and roof eaveRefer to Building Type for
transparency requirements of upper stories.
9.03 BUILDING TYPE FRONTAGE OPTION 3: STOOP
Description: In a Stoop Frontage Type, the facade of the building that faces the front and/or side streets is setback
a small distance from the front and side streets, typically within a build-to-zone. The stoop is elevated above the
sidewalk. Steps or a ramp from the stoop may lead directly to the sidewalk or may be side-loaded.
Stoop Location Requirements: Refer to Illustration 6.454 for frontage location graphic reference. Commented [JP124]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a minimum 5 foot wide sidewalk connecting the entry door to the public sidewalk.
Sidewalk connecting stoop and public sidewalk shall be minimum 5 feet wide.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Stoop Composition Requirements: Refer to Illustration 6.465 for frontage composition graphic reference. Commented [JP125]: Add illustration.
A. Entry door(s) shall have 25% minimum transparency.
B. Entry door(s) are required to be elevated above adjacent grade. Elevated entry doors shall have one of the
following treatments:
1. Covered with a supported roof. Roof shall be supported with columns.
2. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
C. Depth of stoop landing shall be 4 feet minimum.
D. Width of stoop landing shall be 5 feet minimum.
E. Stoop shall be 12” minimum above adjacent grade.
F. Transparency: Stoop frontage shall have 40% to 60% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
G. Transparency Upper Stories: Building facades facing streets shall have 10% to 35% of the facade be
windows between the finish floor line of the second story and roof eaveRefer to Building Type for
transparency requirements of upper stories.
2006.12 LIVE/WORK BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
The Live/Work Building Type is a small- to medium-sized attached structure that consists of one dwelling unit
above and/or behind a flexible ground floor space that can be used for residential, service, or retail uses. Both the
ground floor space and the dwelling unit are owned by one entity. This Type is especially appropriate for incubating
retail and service uses and allowing neighborhood retail to expand as the market demands.
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2.0 PRECEDENT OF LIVE/WORK BUILDING TYPE Commented [JP126]: Add images.
The following images represent precedent examples of the Live/Work Building Type. They are intended as
examples only and should be used for inspiration in the creation of this Building Type for projects within the
Muskegon Form Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.476 for Building Type size and massing graphic representation. Commented [JP127]: Add illustration.
A. Building width at front street: 18 feet minimum and 36 feet maximum
B. Building depth: 20 feet minimum
C. Building may have an attached garage located in the rear of the building and accessed from an alley or side
street. Attached garage is not permitted if a Carriage House is included on the parcel.
D. Building may have a detached garage or a Carriage House in lieu of an attached garage. Refer to Carriage
House Building Type in Section 2006.18 for requirements.
E. Live/Works per run of attached units: 2 minimum, 8 maximum.
F. Maximum site coverage: 80% including garage or Carriage House.
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.487 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP128]: Add illustration.
A. Entrances to ground floor unit(s) are required to be located at the front and/or side street and shall be
directly accessed from and face the street.
B. Entrances to upper floor unit(s) are required to be located at the front and/or side street and shall be
directly accessed from and face the street.
C. Ground floor and upper floor unit(s) are required to have separate entrances.
D. Carriage House entrances shall be as required by the Carriage House Building Type in Section 2006.18.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Total of 2 units maximum. Both units shall be used by the same occupant.
B. Live/Work Buildings per lot: 2 maximum.
C. An additional unit is permitted if Carriage House Building Type is used in conjunction with the Live/Work
Building.
6.0 USE
Building Type use:
B. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.498 for Building Type facade composition requirements. Commented [JP129]: Add updated illustration
removing C, D, and F.
A. Building may have a flat roof with parapet or a pitched (sloped) roof.
B. Buildings with flat roof shall have a cornice expression line at roofline.
C. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or eave.
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D. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
E.C. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in
Division 11 for clear glass requirements.
F. Building shall have an 18” to 32” pilaster or wall surface every 18 to 36 feet along building facades facing
streets. Pilasters shall extend vertically from grade to cornice expression line.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.5049 for Building Type story height requirements. Commented [JP130]: Add illustration.
A. Ground floor ceiling shall be 12 8-14 feet minimum.
B. Upper floor ceilings shall be 8-14 feet minimum.
C. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
D. On Building Type with flat roof option, the height of parapet wall shall be between 12” minimum and 4 feet
maximum, measured from roof line.
9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP131]: Add updated table
including Lakeside Context Areas.
The Live/Work Building Type is required to have 1 of the following 4 frontage configurations applied to the ground
level floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Combination of Frontages: For Flex Building Types, more than one frontage may used on the same building at front
and/or side streets.
Frontage options for the Live/Work Building Type are provided in the table below and described on the following
pages of this subsection.
9.01 Building Type Frontage Option 1: Storefront
Description: The Storefront Frontage Type is applied to the ground level floor of a Building Type along the front and
side streets. It is typically associated with retail and mixed-use buildings. The storefront shall be designed in a way
that promotes an attractive and convenient shopping experience and a transparent wall along the sidewalk.
Storefronts are at grade with the sidewalk and are sometimes shaded by awnings.
Storefront Location Requirements: Refer to Illustration 6.510 for frontage location graphic reference. Commented [JP132]: Add illustration.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the building facade shall have one of
the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a sidewalk connecting the entry door to the public sidewalk. Sidewalk
connecting entry door and public sidewalk shall have a width that is equal to the width of the
widest part of the entry door recess.
3. Ground area may be paved at distances greater than ten (10) feet when outdoor seating is
proposed per approval of Planning Director and/or Planning Commission.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way per the requirements of the encroachment section in Section 2003.02.
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Storefront Composition Requirements: Refer to Illustration 6.521 for frontage composition graphic reference. Commented [JP133]: Add updated illustration
removing I.
A. Storefronts shall extend across eighty (80) percent of the overall length of the first story and shall be
interrupted by the required pilasters referenced in item J. on this page.
B. Optional transom window may extend over entry recess (as depicted) or follow entry recess.
C. When the facade wall of the building is set back less than three (3) feet from the sidewalk, Eentry door is
required to be recessed three (3) feet to eight (8) feet from the facade wall of the building. The angled wall
(the wall that connects the storefront to the door) in the recess area shall match the main storefront
window.
D. Entry door is required to be at adjacent sidewalk grade.
E. Required 30” to 42” sign band or horizontal expression line above storefront window or transom. Sign band
or horizontal expression line shall extend the entire width of the storefront but may be interrupted by the
required pilasters referenced in item J. on this page.
F. Storefront window glass shall be eight (8) feet high minimum, measured from the adjacent grade.
G. Transparency: Storefront frontage shall have 60% to 80% of the facade be windows between the top of the
storefront base and bottom of sign band (or horizontal expression line). Entry door transparency shall be
included as part of the required transparency calculation.
H. Required 18” to 30” high storefront base.
I. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type. Pilaster or wall
surface shall extend the full height of the storefront frontage, by may be interrupted by the sign band or
horizontal expression line.
J.I. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
K.J. Storefront windows may be replaced with overhead doors. Overhead doors that replace storefront
windows are required to that meet the transparency requirements in item G. Refer to Image 6.44. Commented [JP134]: Remove Image 6.44.
9.02 Building Type Frontage Option 2: Dooryard
Description: In a Dooryard Frontage Type, the facade of the building that faces the front and/or side streets is
setback a small distance from the front and side streets, typically within a build-to-zone. The front property line is
oftentimes defined by a low wall, fence, or hedge, creating a small dooryard. The dooryard shall not provide public
circulation along the rights-of-way. The dooryard is at-grade.
Dooryard Location Requirements: Refer to Illustration 6.532 for frontage location graphic reference. Commented [JP135]: Add updated illustration
combining C and D.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall have
one of the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a sidewalk connecting the entry door to the public sidewalk. Sidewalk
connecting entry door and public sidewalk shall have a width that is equal to the width of the
widest part of the entry door recess.
Additionally, one of the following landscape elements is required to be placed at the property line
when the distance between facade and property line is greater than ten (10) feet:
i. A 24” to 42” high brick wall.
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SECTION 2006 BUILDING TYPE STANDARDS
ii. A decorative metal fence that is 42” high maximum.
iii. A continuous hedge that is maintained at a 42” maximum height.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signs may extend into the public right-
of-way and lightwells may extend into required setbacks per the requirements of the encroachment
section in Section 2003.02.
D. Wells may extend into required setbacks per the requirements of the encroachment section in Section
2003.
Dooryard Composition Requirements: Refer to Illustration 6.543 for frontage composition graphic reference. Commented [JP136]: Add illustration.
A. Entry door(s) are required to be at-grade. At-grade entry doors shall have one of the following treatments:
1. Covered with a supported roof. Roof shall be supported with columns.
2. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
3. Uncovered (with no canopy or supported roof,). A as depicted) in the graphic.
B. Transparency: Dooryard frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
C. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
9.03 Building Type Frontage Option 3: Lightwell
Description: In a Lightwell Frontage Type, the facade of the building that faces the front and/or side streets is
setback a small distance from the front and side streets, typically within a build-to-zone. This frontage has a
combined elevated terrace and sunken lightwell between the building wall and property line. This frontage type
buffers residential, retail, and service uses from urban sidewalks and removes the private yard from public
encroachment.
Lightwell Location Requirements: Refer to Illustration 6.554 for frontage location graphic reference. Commented [JP137]: Add updated illustration
replacing F with E.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall have
one of the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a sidewalk connecting the entry door to the public sidewalk. Sidewalk
connecting entry door and public sidewalk shall have a width of 5 feet minimum.
C. Required exterior stair from adjacent sidewalk grade down to sunken lightwell.
D. Required exterior stair from adjacent sidewalk grade to elevated terrace.
E. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
F. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Lightwell Composition Requirements: Refer to Illustration 6.565 for frontage composition graphic reference. Commented [JP138]: Add illustration.
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A. Entry door(s) are required to be elevated. Elevated entry doors shall have one of the following treatments:
1. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables (as
depicted in the graphic).
2. Uncovered (with no canopy or supported roof).
B. Depth of required terrace shall be 4 feet minimum and 8 feet maximum.
C. Terrace shall be 3 feet minimum above adjacent grade.
D. Depth of required lightwell shall be 6 feet minimum and 10 feet maximum.
E. Transparency First Floor: Lightwell frontage shall have 10% to 50% of the facade be windows between the
finish floor line of the first story and the finish floor line of the second story. Entry door transparency shall
be included as part of the required transparency calculation.
F. Transparency Lightwell: Lightwell frontage shall have 10% to 30% of the facade be windows between the
finish floor line of the first story and the finish floor line of the lightwell (basement).
G. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
H. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type.
9.04 Building Type Frontage Option 4: Stoop
Description: In a Stoop Frontage Type, the facade of the building that faces the front and/or side streets is setback
a small distance from the front and side streets, typically within a build-to-zone. The stoop is elevated above the
sidewalk. Steps or a ramp from the stoop may lead directly to the sidewalk or may be side-loaded.
Stoop Location Requirements: Refer to Illustration 6.576 for frontage location graphic reference. Commented [JP139]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall have
one of the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a minimum 5 foot wide sidewalk connecting the entry door to the public
sidewalk. Sidewalk connecting entry door and public sidewalk shall have a width of 5 feet
minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Stoop Composition Requirements: Refer to Illustration 6.587 for frontage composition graphic reference. Commented [JP140]: Add illustration.
A. Entry door(s) are required to be elevated above adjacent grade. Elevated entry doors shall have one of the
following treatments:
1. Covered with a supported roof. Roof shall be supported with columns.
2. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
B. Depth of stoop landing shall be 4 feet minimum.
C. Width of stoop landing shall be 5 feet minimum.
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SECTION 2006 BUILDING TYPE STANDARDS
D. Stoop shall be 12” minimum above adjacent grade.
E. Transparency: Stoop frontage shall have 40% to 60% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
F. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
2006.13 LARGE MULTI-PLEX BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
The Large Multi-Plex Building Type is a medium- to large-sized structure that consists of 7 or more side-by-side
and/or stacked dwelling units, typically with one shared entry. This Type is appropriately scaled to fit in medium-
density neighborhoods and enables well-designed higher densities. It is an essential Building Type for providing a
broad choice of housing types and promoting walkability.
2.0 PRECEDENT OF LARGE MULTI-PLEX BUILDING TYPE Commented [JP141]: Add images.
The following images represent precedent examples of the Large Multi-Plex Building Type. They are intended as
examples only and should be used for inspiration in the creation of this Building Type for projects within the
Muskegon Form Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.598 for Building Type size and massing graphic representation. Commented [JP142]: Add illustration.
A. Building width at front street: 80 feet maximum
B. Building width at side street: 80 feet maximum
C. Building depth: 75 feet maximum
D. Maximum site coverage: 70%
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.6059 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP143]: Add illustration.
A. Main entrances shall be located along front street.
B. Units shall be accessed by a common entry along the front street.
C. On corner lots, units may enter from a secondary side street common entry.
D. Units may enter from a secondary common entry in the rear of the building.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Total of 7 or more units per building.
B. Large Multi-Plex Buildings per lot: 1 maximum.
6.0 USE
Building Type use:
A. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
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Refer to Illustration 6.610 for Building Type facade composition requirements. Commented [JP144]: Add updated illustration
removing C, D, and F.
A. Building shall have a flat roof with parapet.
B. Building shall have a cornice expression line at roofline.
C. Transparency Upper Stories: Building facades facing streets shall have 10% to 40% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line.
D. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
E.C. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in
Division 11 for clear glass requirements.
F. Building shall have an 18” to 32” pilaster or wall surface every 20 to 40 feet along building facades facing
streets. Pilasters shall extend vertically from grade to cornice expression line.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.621 for Building Type story height requirements. Commented [JP145]: Add illustration.
A. Ground floor ceiling shall be 8-1410 feet minimum.
B. Upper floor ceilings shall be 8-10 feet minimum.
C. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
D. Height of parapet wall shall be between 12” minimum and 4 feet maximum, measured from roof line.
9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP146]: Add updated table
including Lakeside Context Areas.
The Large Multi-Plex Building Type is required to have 1 of the following 4 frontage configurations applied to the
ground level floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Frontage options for the Large Multi-Plex Building Type are provided in the table below and described on the
following pages of this subsection.
9.01 Building Type Frontage Option 1: Forecourt
Description: In a Forecourt Frontage Type, the facade of the building that faces the front street is at or near the
right-of-way line and a small percentage of the facade is set back, creating a small courtyard space. The courtyard
space may be used as an entry court or shared garden space. The courtyard area is not covered and extends the
entire height of the building.
Forecourt Location Requirements: Refer to Illustration 6.632 for frontage location graphic reference. Commented [JP147]: Add illustration.
A. A minimum of 30% of the building facade of the forecourt frontage is required to be placed within the build-
to-zone as required by the building site placement requirements in the Context Area section. Refer to
Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a sidewalk(s) connecting entry door(s) to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width of 5 feet minimum.
C. Required courtyard shall have a width that isof twelve (12) feet minimum.
D. Required courtyard shall have a depth of twelve (12) feet minimum.
E. Courtyard shall not exceed 1,200 square feet in area and shall be landscaped, with sidewalks connecting
entry doors. Landscape shall cover 70% minimum of the courtyard’s ground area.
F. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way per the requirements of the encroachment section in Section 2003.02.
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Forecourt Composition Requirements: Refer to Illustration 6.643 for frontage composition graphic reference for Commented [JP148]: Add illustration.
building walls that face the courtyard and building walls that face the front and side streets.
A. Entry door(s) shall have 25% minimum transparency.
B. Entry door(s) may be at-grade or elevated and accessed by steps.
1. At-grade entry door (zero-step) shall have one of the following treatments:
i. Covered with a supported roof (as depicted in the graphic). Roof shall be supported with
columns.
ii. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
iii. Uncovered (with no canopy or supported roof).
iv. Recessed in building wall.
2. Elevated entry door shall have one of the following treatments:
i. Covered with a supported roof. Roof shall be supported with columns.
ii. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
3. Elevated entry doors shall have a stoop (landing at door) that is minimum 4 feet deep and minimum
4 feet wide.
C. Transparency: Forecourt frontage shall have 10% to 40% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
D. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type.
E.D. Transparency Upper Stories: Building facades facing streets shall have 10% to 40% of the facade
be windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
9.02 Building Type Frontage Option 2: Dooryard
Description: In a Dooryard Frontage Type, the facade of the building that faces the front street is setback a small
distance from the front and side streets, typically within a build-to-zone. The front property line is oftentimes
defined by a low wall, fence, or hedge, creating a small dooryard. The dooryard shall not provide public circulation
along the rights-of-way. The dooryard may be raised or at-grade and is most often intended for ground floor
residential.
Dooryard Location Requirements: Refer to Illustration 6.654 for frontage location graphic reference. Commented [JP149]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall have
one of the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a sidewalk connecting the entry door to the public sidewalk. Sidewalk
connecting entry door and public sidewalk shall have a width that is equal to the width of the
widest part of the entry door recess.
Additionally, one of the following landscape elements is required to be placed at the property line
when the distance between facade and property line is greater than ten (10) feet:
i. A 24” to 42” high brick wall.
ii. A decorative metal fence that is 42” high maximum.
iii. A continuous hedge that is maintained at a 42” maximum height.
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3. Ground area may be paved at distances greater than ten (10) feet when outdoor seating is
proposed per approval of Planning Director and/or Planning Commission.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and lightwells may extend into required setbacks per the requirements
of the encroachment section in Section 2003.02.
D. Wells may extend into required setbacks per the requirements of the encroachment section in Section
2003.
Dooryard Composition Requirements: Refer to Illustration 6.665 for frontage composition graphic reference. Commented [JP150]: Add illustration.
A. Entry door(s) shall have 25% minimum transparency.
B. Entry door(s) shall be at-grade (zero-step) and shall have one of the following treatments:
1. Covered with a supported roof (as depicted in the graphic). Roof shall be supported with columns.
2. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
3. Uncovered (with no canopy or supported roof).
4. Recessed in building wall.
C. Transparency: Dooryard frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
D. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type.
E.D. Transparency Upper Stories: Building facades facing streets shall have 10% to 40% of the facade
be windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
9.03 Building Type Frontage Option 3: Stoop
Description: In a Stoop Frontage Type, the facade of the building that faces the front and/or side streets is setback
a small distance from the front and side streets, typically within a build-to-zone. The stoop is elevated above the
sidewalk. Steps or a ramp from the stoop may lead directly to the sidewalk or may be side-loaded.
Stoop Location Requirements: Refer to Illustration 6.676 for frontage location graphic reference. Commented [JP151]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall have
one of the following treatments depending on distance from the property line:
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be
paved to match public sidewalk.
2. Distance between building facade and property line is greater than ten (10) feet: Ground area shall
be landscaped with a minimum 5 foot wide sidewalk connecting the entry door to the public
sidewalk. Sidewalk connecting entry door and public sidewalk shall have a width of 5 feet
minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Stoop Composition Requirements: Refer to Illustration 6.687 for frontage composition graphic reference. Commented [JP152]: Add illustration.
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A. Entry door(s) shall have 25% minimum transparency.
B. Entry door(s) are required to be elevated above adjacent grade. Elevated entry doors shall have one of the
following treatments:
1. Covered with a supported roof. Roof shall be supported with columns.
2. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
C. Depth of stoop landing shall be 4 feet minimum.
D. Width of stoop landing shall be 5 feet minimum.
E. Stoop shall be 18” minimum above adjacent grade.
F. Transparency: Stoop frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
G. Transparency Upper Stories: Building facades facing streets shall have 10% to 40% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
9.04 Building Type Frontage Option 4: Projecting Porch
Description: In a Projecting Porch Frontage Type, the facade of the building that faces the front and/or side streets
is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting yard is
typically small and can be defined by a fence or hedge to spatially maintain the street edge. The projecting porch is
open on three sides and all habitable space of the building is located behind the rear edge of the porch. The porch
is elevated above the sidewalk. Steps from the porch may be on the front or side of the porch and shall lead
directly to the sidewalk.
Projecting Porch Location Requirements: Refer to Illustration 6.698 for frontage location graphic reference. Commented [JP153]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a sidewalk connecting the porch steps to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width of 5 feet minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Projecting Porch Composition Requirements: Refer to Illustration 6.7069 for frontage composition graphic Commented [JP154]: Add illustration.
reference.
A. Entry door(s) shall have 25% minimum transparency.
B. Depth of porch shall be 6 feet minimum.
C. Width of porch shall be 8 feet minimum.
D. Height of porch ceiling, measured from porch floor shall be 8 feet minimum.
E. Porch shall be 18” minimum above adjacent grade.
F. Projecting porches shall be open on three sides (no walls on three sides).
G. Furniture area shall be 4 feet x 6 feet minimum clear area.
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H. Transparency: Porch frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
I. Transparency Upper Stories: Building facades facing streets shall have 10% to 40% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression lineRefer to
Building Type for transparency requirements of upper stories.
2006.14 SMALL MULTI-PLEX BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
The Small Multi-Plex Building Type is a medium-sized structure that consists of 3 to 6 side-by-side and/or stacked
dwelling units, typically with one shared entry or individual entries along the front. This Type has the appearance of
a large single-family house and is appropriately scaled to fit in single family neighborhoods. This Type enables
well-designed higher densities. It is an essential Building Type for providing a broad choice of housing types and
promoting walkability.
2.0 PRECEDENT OF SMALL MULTI-PLEX BUILDING TYPE Commented [JP155]: Add images.
The following images represent precedent examples of the Small Multi-Plex Building Type. They are intended as
examples only and should be used for inspiration in the creation of this Building Type for projects within the
Muskegon Form Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.710 for Building Type size and massing graphic representation. Commented [JP156]: Add updated illustration
removing secondary wing and relabeling with
A. Building width at front street: 48 feet maximum. correct letters.
B. Building depth: 48 feet maximum20 feet minimum.
C. Building secondary wing depth (if secondary wing is used): 30 feet maximum.
D.B. Building secondary wing width (if secondary wing is used): 30 feet maximum.
C. Building may have an attached garage located in the rear of the building and accessed from an alley or side
street.
D. Building may have a detached garage or a Carriage House. Refer to Carriage House Building Type in
Section 2006.18 for requirements.
E. Maximum site coverage: 70% including garage or Carriage House.
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.721 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP157]: Add updated illustration
adding E.
A. Main entrances shall be located along front street.
B. Each unit may have an individual entry or units may be accessed from a common entrance and lobby.
C. On corner lots, units may enter from a secondary side street individual entry or common entry.
D. Units may enter from a secondary common entry or individual entry in the rear of the building.
D.E. Carriage House entrances shall be as required by the Carriage House Building Type in Section
2006.18.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. 3 units minimum, 6 units maximum per building.
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B. Small Multi-plex Buildings per lot: 1 maximum.
B.C. An additional unit is permitted if Carriage House Building Type is used in conjunction with the Small
Multi-plex Building.
6.0 USE
Building Type use:
A. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.732 for Building Type facade composition requirements. Commented [JP158]: Add updated illustration
removing C and D.
A. Building may have a flat roof with parapet or a pitched (sloped) roof.
B. Buildings with flat roof shall have a cornice expression line at roofline.
C. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or eave.
D. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
E.C. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in
Division 11 for clear glass requirements.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.743 for Building Type story height requirements. Commented [JP159]: Add illustration.
A. Ground floor ceiling shall be 8-109 feet minimum.
B. Upper floor ceilings shall be 8-10 feet minimum.
C. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
D. On Building Type with flat roof option, the height of parapet wall shall be between 12” minimum and 4 feet
maximum, measured from roof line.
9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP160]: Add updated table
including Lakeside Context Areas.
The Small Multi-Plex Building Type is required to have 1 of the following 3 frontage configurations applied to the
ground level floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Frontage options for the Small Multi-Plex Building Type are provided in the table below and described on the
following pages of this subsection.
9.01 Building Type Frontage Option 1: Stoop
Description: In a Stoop Frontage Type, the facade of the building that faces the front and/or side streets is setback
a small distance from the front and side streets, typically within a build-to-zone. The stoop is elevated above the
sidewalk. Steps or a ramp from the stoop may lead directly to the sidewalk or may be side-loaded.
Stoop Location Requirements: Refer to Illustration 6.754 for frontage location graphic reference. Commented [JP161]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a minimum 5 foot wide sidewalk connecting the entry door to the public sidewalk.
Sidewalk connecting entry door and public sidewalk shall have a width of 5 feet minimum.
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C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Stoop Composition Requirements: Refer to Illustration 6.765 for frontage composition graphic reference. Commented [JP162]: Add illustration.
A. Entry door(s) are required to be elevated above adjacent grade. Elevated entry doors shall have one of the
following treatments:
1. Covered with a supported roof. Roof shall be supported with columns.
2. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables.
3. Uncovered (with no canopy or supported roof).
B. Depth of stoop landing shall be 4 feet minimum.
C. Width of stoop landing shall be 5 feet minimum.
D. Stoop shall be 12” minimum above adjacent grade.
E. Transparency: Stoop frontage shall have 10% to 60% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
F. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
9.02 Building Type Frontage Option 2: Projecting Porch
Description: In a Projecting Porch Frontage Type, the facade of the building that faces the front and/or side streets
is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting yard is
typically small and can be defined by a fence or hedge to spatially maintain the street edge. The projecting porch is
open on three sides and all habitable space of the building is located behind the rear edge of the porch. The porch
is elevated above the sidewalk. Steps from the porch may be on the front or side of the porch and shall lead
directly to the sidewalk.
Projecting Porch Location Requirements: Refer to Illustration 6.776 for frontage location graphic reference. Commented [JP163]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a sidewalk connecting the porch steps to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width of 5 feet minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Projecting Porch Composition Requirements: Refer to Illustration 6.787 for frontage composition graphic Commented [JP164]: Add illustration.
reference.
A. Depth of porch shall be 6 feet minimum.
B. Width of porch shall be 8 feet minimum.
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SECTION 2006 BUILDING TYPE STANDARDS
C. Height of porch ceiling, measured from porch floor shall be 8 feet minimum.
D. Porch shall be 18” minimum above adjacent grade.
E. Projecting porches shall be open on three sides (no walls on three sides).
F. Furniture area shall be 4 feet x 6 feet minimum clear area.
G. Transparency: Porch frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
H. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
9.03 Building Type Frontage Option 3: Engaged Porch
Description: In an Engaged Porch Frontage Type, the facade of the building that faces the front and/or side streets
is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting yard is
typically small and can be defined by a fence or hedge to spatially maintain the street edge. The engaged porch
has two adjacent sides of the porch that are engaged to the building (connected to and enclosed by building walls)
while the other two sides are open. Steps from the porch may be on the front or side of the porch and shall lead
directly to the sidewalk.
Engaged Porch Location Requirements: Refer to Illustration 6.798 for frontage location graphic reference. Commented [JP165]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a sidewalk connecting the porch steps to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width of 5 feet minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Engaged Porch Composition Requirements: Refer to Illustration 6.8079 for frontage composition graphic Commented [JP166]: Add illustration.
reference.
A. Depth of porch shall be 6 feet minimum.
B. Width of porch shall be 8 feet minimum.
C. Height of porch ceiling, measured from porch floor shall be 8 feet minimum.
D. Porch shall be 18” minimum above adjacent grade.
E. Engaged porches shall be open on two sides (no walls on two sides).
F. Engaged porches shall have building walls on two sides.
G. A minimum of 33% of the building facade shall project either beyond the line of the porch columns or flush
with the porch columns.
H. Transparency: Porch frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
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I. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
2006.15 ROWHOUSE BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
The Rowhouse Building Type is a small- to medium-sized attached structure that consists of 2 to 8 rowhouses
placed side-by-side. This Type is typically located within medium-density neighborhoods or in a location that
transitions from single-family to mixed-use. This Type enables well-designed higher densities. It is an essential
Building Type for providing a broad choice of housing types and promoting walkability.
2.0 PRECEDENT OF ROWHOUSE BUILDING TYPE Commented [JP167]: Add images.
The following images represent precedent examples of the Rowhouse Building Type. They are intended as
examples only and should be used for inspiration in the creation of this Building Type for projects within the
Muskegon Form Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.810 for Building Type size and massing graphic representation. Commented [JP168]: Add illustration.
A. Building width at front street: 18 feet minimum and 36 feet maximum.
B. Building depth: 20 feet minimum.
C. Building may have an attached garage located in the rear of the building and accessed from an alley or side
street. Attached garage is not permitted if a Carriage House is included on the parcel.
D. Building may have a detached garage or a Carriage House in lieu of an attached garage. Refer to Carriage
House Building Type in Section 2006.18 for requirements.
E. Rowhouses per run of attached units: 2 minimum, 8 maximum.
F. Maximum site coverage: 80% including garage or Carriage House.
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.821 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP169]: Add illustration.
A. Entrances to ground floor unit(s) are required to be located at the front and/or side street and shall be
directly accessed from and face the street.
B. Entrances to upper floor unit(s) are required to be located at the front and/or side street and shall be
directly accessed from and face the street.
C. Ground floor and upper floor unit(s) are required to have separate entrances.
D. Carriage House entrances shall be as required by the Carriage House Building Type in Section 2006.18.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Total of 1 unit per building.
B. Rowhouse Buildings per lot: 1 maximum.
C. An additional unit is permitted if Carriage House Building Type is used in conjunction with the Rowhouse
Building.
6.0 USE
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SECTION 2006 BUILDING TYPE STANDARDS
Building Type use:
A. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.832 for Building Type facade composition requirements. Commented [JP170]: Add updated illustration
removing C, D, and F.
A. Building shall have a flat roof with parapet or a pitched (sloped) roof.
B. Buildings with flat roof shall have a cornice expression line at roofline.
C. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or eave.
D. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
E.C. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in
Division 11 for clear glass requirements.
F. Building shall have an 18” to 32” pilaster or wall surface every 18 to 36 feet along building facades facing
streets. Pilasters shall extend vertically from grade to cornice expression line.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.843 for Building Type story height requirements. Commented [JP171]: Add illustration.
A. Ground floor ceiling shall be 8-1410 feet minimum.
B. Upper floor ceilings shall be 8-10 feet minimum.
C. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
D. On Building Type with flat roof option, the height of parapet wall shall be between 12” minimum and 4 feet
maximum, measured from roof line.
9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP172]: Add updated table
including Lakeside Context Areas.
The Rowhouse Building Type is required to have 1 of the following 3 frontage configurations applied to the ground
level floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Combination of Frontages: For Rowhouse Building Types, each individual rowhouse within a run, may have a
different frontage than its neighbor. All rowhouses within a run are not required to have the same frontage.
Frontage options for the Rowhouse Building Type are provided in the table below and described on the following
pages of this subsection.
9.01 Building Type Frontage Option 1: Lightwell
Description: In a Lightwell Frontage Type, the facade of the building that faces the front and/or side streets is
setback a small distance from the front and side streets, typically within a build-to-zone. This frontage has a
combined elevated terrace and sunken lightwell between the building wall and property line. This frontage type
buffers residential uses from urban sidewalks and removes the private yard from public encroachment.
Lightwell Location Requirements: Refer to Illustration 6.854 for frontage location graphic reference. Commented [JP173]: Add updated illustration
replacing F with E.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall have
one of the following treatments depending on distance from the property line:
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SECTION 2006 BUILDING TYPE STANDARDS
1. Distance between building facade and property line is zero (0) to ten (10) feet: Ground area shall be paved
to match public sidewalk. Unless the
2.B. Ddistance between the building facade and property line is greater than ten (10) feet: in which case
the G ground area shall be landscaped with a minimum 5 foot wide sidewalk connecting the entry door to
the public sidewalk. Sidewalk connecting entry door and public sidewalk shall have a width of 5 feet
minimum.
C. Required exterior stair from adjacent sidewalk grade down to sunken lightwell.
D. Required exterior stair from adjacent sidewalk grade to elevated terrace.
E. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
F. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Lightwell Composition Requirements: Refer to Illustration 6.865 for frontage composition graphic reference. Commented [JP174]: Add updated illustration
removing H.
A. Entry door(s) are required to be elevated. Elevated entry doors shall have one of the following treatments:
1. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables. (As
depicted in the graphic).
2. Uncovered (with no canopy or supported roof).
B. Depth of required terrace shall be 4 feet minimum and 8 feet maximum.
C. Terrace shall be 3 feet minimum above adjacent grade.
D. Depth of required lightwell shall be 6 feet minimum and 10 feet maximum.
E. Transparency First Floor: Lightwell frontage shall have 10% to 50% of the facade be windows between the
finish floor line of the first story and the finish floor line of the second story. Entry door transparency shall
be included as part of the required transparency calculation.
F. Transparency Lightwell: Lightwell frontage shall have 10% to 30% of the facade be windows between the
finish floor line of the first story and the finish floor line of the lightwell (basement).
G. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
H. Required 18” to 32” wide pilaster or wall surface spaced as indicated by Building Type.
9.02 Building Type Frontage Option 2: Stoop
Description: In a Stoop Frontage Type, the facade of the building that faces the front and/or side streets is setback
a small distance from the front and side streets, typically within a build-to-zone. The stoop is elevated above the
sidewalk. Steps or a ramp from the stoop may lead directly to the sidewalk or may be side-loaded.
Stoop Location Requirements: Refer to Illustration 6.876 for frontage location graphic reference. Commented [JP175]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a minimum 5 foot wide sidewalk connecting the entry door to the public sidewalk.
Sidewalk connecting entry door and public sidewalk shall have a width of 5 feet minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
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D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Stoop Composition Requirements: Refer to Illustration 6.887 for frontage composition graphic reference. Commented [JP176]: Add illustration.
A. Entry door(s) are required to be elevated above adjacent grade. Elevated entry doors shall have one of the
following treatments:
1. Covered with a supported roof. Roof shall be supported with columns.
2. Covered with a canopy. Canopy shall be cantilevered or supported by brackets or cables (as
depicted in graphic).
3. Uncovered (with no canopy or supported roof).
B. Depth of stoop landing shall be 4 feet minimum.
C. Width of stoop landing shall be 5 feet minimum.
D. Stoop shall be 18” minimum above adjacent grade.
E. Transparency: Stoop frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
F. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
9.03 Building Type Frontage Option 3: Projecting Porch
Description: In a Projecting Porch Frontage Type, the facade of the building that faces the front and/or side streets
is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting yard is
typically small and can be defined by a fence or hedge to spatially maintain the street edge. The projecting porch is
open on three sides and all habitable space of the building is located behind the rear edge of the porch. The porch
is elevated above the sidewalk. Steps from the porch may be on the front or side of the porch and shall lead
directly to the sidewalk.
Projecting Porch Location Requirements: Refer to Illustration 6.898 for frontage location graphic reference. Commented [JP177]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a sidewalk connecting the porch steps to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width of 5 feet minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Projecting Porch Composition Requirements: Refer to Illustration 6.9089 for frontage composition graphic Commented [JP178]: Add illustration.
reference.
A. Depth of porch shall be 6 feet minimum.
B. Width of porch shall be 8 feet minimum.
C. Height of porch ceiling, measured from porch floor shall be 8 feet minimum.
D. Porch shall be 18” minimum above adjacent grade.
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E. Projecting porches shall be open on three sides (no walls on three sides).
F. Furniture area shall be 4 feet x 6 feet minimum clear area.
G. Transparency: Porch frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
H. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of cornice expression line or
eaveRefer to Building Type for transparency requirements of upper stories.
2006.16 DUPLEX BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
The Duplex Building Type is a small- to medium-sized detached structure that consists of two side-by-side or
stacked dwelling units, both facing the street and within a single building massing. This Type has the appearance
of a medium-sized single-family house and is appropriately scaled to fit in single family neighborhoods. This Type
enables well-designed higher densities. It is an essential Building Type for providing a broad choice of housing
types.
2.0 PRECEDENT OF DUPLEX BUILDING TYPE Commented [JP179]: Add images.
The following images represent precedent examples of the Duplex Building Type. They are intended as examples
only and should be used for inspiration in the creation of this Building Type for projects within the Muskegon Form
Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.910 for Building Type size and massing graphic representation. Commented [JP180]: Add illustration.
A. Building width at front street: 48 feet maximum.
B. Building depth: 20 feet minimum.
C. Building may have an attached garage located in the rear of the building and accessed from an alley or side
street. Attached garage is not permitted if a Carriage House is included on the parcel.
D. Building may have a detached garage or a Carriage House in lieu of an attached garage. Refer to Carriage
House Building Type in Section 2006.18 for requirements.
E. Maximum site coverage: 50% including garage or Carriage House.
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.921 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP181]: Add illustration.
A. Entrances to ground floor unit(s) are required to be located at the front and/or side street and shall be
directly accessed from and face the street.
B. Entrances to upper floor unit(s) are required to be located at the front and/or side street and shall be
directly accessed from and face the street. Existing Detached House Buildings may add an additional unit
without meeting this requirement.
C. Carriage House entrances shall be as required by the Carriage House Building Type in Section 2006.18.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Total of 2 units per building.
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B. Duplex Buildings per lot: 1 maximum.
C. An additional unit is permitted if Carriage House Building Type is used in conjunction with the Duplex
Building.
6.0 USE
Building Type use:
B. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.932 for Building Type facade composition requirements. Commented [JP182]: Add updated illustration
removing B and C.
A. Building shall have a pitched (sloped) roof that is compatible to the surrounding residential architecture.
B. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of the eave.
C. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
D.B. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in
Division 11 for clear glass requirements.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.943 for Building Type story height requirements. Commented [JP183]: Add illustration.
A. Ground floor ceiling shall be 8-109 feet minimum.
B. Upper floor ceilings shall be 8-10 feet minimum.
C. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP184]: Add updated table
including Lakeside Context Areas.
The Duplex Building Type is required to have 1 of the following 3 frontage configurations applied to the ground level
floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Frontage options for the Duplex Building Type are provided in the table below and described on the following pages
of this subsection.
9.01 Building Type Frontage Option 1: Stoop
Description: In a Stoop Frontage Type, the facade of the building that faces the front and/or side streets is setback
a small distance from the front and side streets, typically within a build-to-zone. The stoop is elevated above the
sidewalk. Steps or a ramp from the stoop may lead directly to the sidewalk or may be side-loaded.
Stoop Location Requirements: Refer to Illustration 6.954 for frontage location graphic reference. Commented [JP185]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a minimum 5 foot wide sidewalk connecting the entry door to the public sidewalk.
Sidewalk connecting stoop and public sidewalk shall be minimum 5 feet wide.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
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D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Stoop Composition Requirements: Refer to Illustration 6.965 for frontage composition graphic reference. Commented [JP186]: Add illustration.
A. Entry door(s) are required to be elevated above adjacent grade. Elevated entry doors shall have one of the
following treatments:
1. Covered with a supported roof. Roof shall be supported with columns (as depicted in the graphic).
2. Uncovered (with no canopy or supported roof).
B. Depth of stoop landing shall be 4 feet minimum.
C. Width of stoop landing shall be 5 feet minimum.
D. Stoop shall be 12” minimum above adjacent grade.
E. Transparency: Stoop frontage shall have 40% to 60% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
F. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of the eaveRefer to Building Type for
transparency requirements of upper stories.
9.02 Building Type Frontage Option 2: Projecting Porch
Description: In a Projecting Porch Frontage Type, the facade of the building that faces the front and/or side streets
is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting yard is
typically small and can be defined by a fence or hedge to spatially maintain the street edge. The projecting porch is
open on three sides and all habitable space of the building is located behind the rear edge of the porch. The porch
is elevated above the sidewalk. Steps from the porch may be on the front or side of the porch and shall lead
directly to the sidewalk.
Projecting Porch Location Requirements: Refer to Illustration 6.976 for frontage location graphic reference. Commented [JP187]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a sidewalk connecting the porch steps to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width of 5 feet minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Projecting Porch Composition Requirements: Refer to Illustration 6.987 for frontage composition graphic Commented [JP188]: Add illustration.
reference.
A. Depth of porch shall be 6 feet minimum.
B. Width of porch shall be 8 feet minimum.
C. Height of porch ceiling, measured from porch floor shall be 8 feet minimum.
D. Porch shall be 18” minimum above adjacent grade.
E. Projecting porches shall be open on three sides (no walls on three sides).
F. Furniture area shall be 4 feet x 6 feet minimum clear area.
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G. Transparency: Porch frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
H. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of the eaveRefer to Building Type for
transparency requirements of upper stories.
9.03 Building Type Frontage Option 3: Engaged Porch
Description: In an Engaged Porch Frontage Type, the facade of the building that faces the front and/or side streets
is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting yard is
typically small and can be defined by a fence or hedge to spatially maintain the street edge. The engaged porch
has two adjacent sides of the porch that are engaged to the building (connected to and enclosed by building walls)
while the other two sides are open. Steps from the porch may be on the front or side of the porch and shall lead
directly to the sidewalk.
Engaged Porch Location Requirements: Refer to Illustration 6.998 for frontage location graphic reference. Commented [JP189]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a sidewalk connecting the porch steps to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width of 5 feet minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Engaged Porch Composition Requirements: Refer to Illustration 6.10099 for frontage composition graphic Commented [JP190]: Add illustration.
reference.
A. Depth of porch shall be 6 feet minimum.
B. Width of porch shall be 8 feet minimum.
C. Height of porch ceiling, measured from porch floor shall be 8 feet minimum.
D. Porch shall be 18” minimum above adjacent grade.
E. Engaged porches shall be open on two sides (no walls on two sides).
F. Engaged porches shall have building walls on two sides.
G. A minimum of 33% of the building facade shall project either beyond the line of the porch columns or flush
with the porch columns.
H. Transparency: Porch frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
I. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of the eaveRefer to Building Type for
transparency requirements of upper stories.
2006.17 DETACHED HOUSE BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
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The Detached House Building Type is a small- to medium-sized detached structure that incorporates one dwelling
unit. It is typically located within a primarily single-family neighborhood in a walkable urban setting. This Type
enables well-designed higher densities. It is an essential Building Type for providing a broad choice of housing
types.
2.0 PRECEDENT OF DETACHED HOUSE BUILDING TYPE Commented [JP191]: Add images.
The following images represent precedent examples of the Detached House Building Type. They are intended as
examples only and should be used for inspiration in the creation of this Building Type for projects within the
Muskegon Form Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.1010 for Building Type size and massing graphic representation. Commented [JP192]: Add illustration.
A. Building width at front street: 36 feet maximum.
B. Building depth: 20 feet minimum.
C. Building may have an attached garage located in the rear of the building and accessed from an alley or side
street. Attached garage is not permitted if a Carriage House is included on the parcel.
D. Building may have a detached garage or a Carriage House in lieu of an attached garage. Refer to Carriage
House Building Type in Section 2006.18 for requirements.
E. Maximum site coverage: 50% including garage or Carriage House.
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.1021 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP193]: Add illustration.
A. Main entrance is required to be located at the front and shall be directly accessed from and face the street.
B. Carriage House entrances shall be as required by the Carriage House Building Type in Section 2006.18.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Total of 1 unit per building.
B. Detached House Buildings per lot: 1 maximum.
C. An additional unit is permitted if Carriage House Building Type is used in conjunction with the Detached
House Building.
6.0 USE
Building Type use:
A. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.1032 for Building Type facade composition requirements. Commented [JP194]: Add illustration.
A. Building shall have a pitched (sloped) roof that is compatible to the surrounding residential architecture.
B. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of the eave.
C. Transparency Street/Sidewalk Level: Refer to Building Frontage options for transparency requirements at
the street and sidewalk level.
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SECTION 2006 BUILDING TYPE STANDARDS
D.B. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in
Division 11 for clear glass requirements.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.1043 for Building Type story height requirements. Commented [JP195]: Add illustration.
A. Ground floor ceiling shall be 8-109 feet minimum.
B. Upper floor ceilings shall be 8-10 feet minimum.
C. Overall height of Building Type is regulated by Context Area, refer to Section 2005.
9.0 BUILDING TYPE FRONTAGE OPTIONS Commented [JP196]: Add updated table
including Lakeside Context Areas.
The Detached House Building Type is required to have 1 of the following 3 frontage configurations applied to the
ground level floor where it abuts front and side streets, civic space, and/or public rights-of-way.
Frontage options for the Detached House Building Type are provided in the table below and described on the
following pages of this subsection.
9.01 Building Type Frontage Option 1: Stoop
Description: In a Stoop Frontage Type, the facade of the building that faces the front and/or side streets is setback
a small distance from the front and side streets, typically within a build-to-zone. The stoop is elevated above the
sidewalk. Steps or a ramp from the stoop may lead directly to the sidewalk or may be side-loaded.
Stoop Location Requirements: Refer to Illustration 6.1054 for frontage location graphic reference. Commented [JP197]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a minimum 5 foot wide sidewalk connecting the entry door to the public sidewalk.
Sidewalk connecting stoop and public sidewalk shall be minimum 5 feet wide.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Stoop Composition Requirements: Refer to Illustration 6.1065 for frontage composition graphic reference. Commented [JP198]: Add illustration.
A. Entry door(s) are required to be elevated above adjacent grade. Elevated entry doors shall have one of the
following treatments:
1. Covered with a supported roof. Roof shall be supported with columns (as depicted in the graphic).
2. Uncovered (with no canopy or supported roof).
B. Depth of stoop landing shall be 4 feet minimum.
C. Width of stoop landing shall be 5 feet minimum.
D. Stoop shall be 12” minimum above adjacent grade.
E. Transparency: Stoop frontage shall have 40% to 60% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
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F. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of the eaveRefer to Building Type for
transparency requirements of upper stories.
9.02 Building Type Frontage Option 2: Projecting Porch
Description: In a Projecting Porch Frontage Type, the facade of the building that faces the front and/or side streets
is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting yard is
typically small and can be defined by a fence or hedge to spatially maintain the street edge. The projecting porch is
open on three sides and all habitable space of the building is located behind the rear edge of the porch. The porch
is elevated above the sidewalk. Steps from the porch may be on the front or side of the porch and shall lead
directly to the sidewalk.
Projecting Porch Location Requirements: Refer to Illustration 6.1076 for frontage location graphic reference. Commented [JP199]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a sidewalk connecting the porch steps to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width of 5 feet minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Projecting Porch Composition Requirements: Refer to Illustration 6.1087 for frontage composition graphic Commented [JP200]: Add illustration.
reference.
A. Depth of porch shall be 6 feet minimum.
B. Width of porch shall be 8 feet minimum.
C. Height of porch ceiling, measured from porch floor shall be 8 feet minimum.
D. Porch shall be 18” minimum above adjacent grade.
E. Projecting porches shall be open on three sides (no walls on three sides).
F. Furniture area shall be 4 feet x 6 feet minimum clear area.
G. Transparency: Porch frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
H. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of the eaveRefer to Building Type for
transparency requirements of upper stories.
9.03 Building Type Frontage Option 3: Engaged Porch
Description: In an Engaged Porch Frontage Type, the facade of the building that faces the front and/or side streets
is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting yard is
typically small and can be defined by a fence or hedge to spatially maintain the street edge. The engaged porch
has two adjacent sides of the porch that are engaged to the building (connected to and enclosed by building walls)
while the other two sides are open. Steps from the porch may be on the front or side of the porch and shall lead
directly to the sidewalk.
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Engaged Porch Location Requirements: Refer to Illustration 6.1098 for frontage location graphic reference. Commented [JP201]: Add updated illustration
replacing D with C.
A. The building facade(s) are required to be placed within a build-to-zone as required by the building site
placement requirements in the Context Area section. Refer to Section 2005.
B. The ground area between the front and side street property lines and the main building facade shall be
landscaped with a sidewalk connecting the porch steps to the public sidewalk. Sidewalk connecting entry
door and public sidewalk shall have a width of 5 feet minimum.
C. Balconies, awnings, canopies, cornices, upper bays, and projecting signsArchitectural elements may
extend into the public right-of-way and stoops, lightwells, and/or steps may extend into required setbacks
per the requirements of the encroachment section in Section 2003.02.
D. Stoops, wells, and/or steps may extend into required setbacks per the requirements of the encroachment
section in Section 2003.
Engaged Porch Composition Requirements: Refer to Illustration 6.11009 for frontage composition graphic Commented [JP202]: Add illustration.
reference.
A. Depth of porch shall be 6 feet minimum.
B. Width of porch shall be 8 feet minimum.
C. Height of porch ceiling, measured from porch floor shall be 8 feet minimum.
D. Porch shall be 18” minimum above adjacent grade.
E. Engaged porches shall be open on two sides (no walls on two sides).
F. Engaged porches shall have building walls on two sides.
G. A minimum of 33% of the building facade shall project either beyond the line of the porch columns or flush
with the porch columns.
H. Transparency: Porch frontage shall have 10% to 50% of the facade be windows between the adjacent
grade and the finish floor line of the second story. Entry door transparency shall be included as part of the
required transparency calculation.
I. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of the eaveRefer to Building Type for
transparency requirements of upper stories.
2006.18 CARRIAGE HOUSE BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
The Carriage House Building Type is an accessory structure typically located at the rear of a lot. It typically
provides either a small residential unit or home office space which could be located at ground-level, above, or
adjacent to a first floor garage. This Type is important for providing affordable housing choices that are integrated
into diverse neighborhoods. This Type shall only be used in conjunction with the Detached House, Duplex,
Rowhouse, Live/Work, or Small Multi-plex Building Types.
2.0 PRECEDENT OF CARRIAGE HOUSE BUILDING TYPE Commented [JP203]: Add images.
The following images represent precedent examples of the Carriage House Building Type. They are intended as
examples only and should be used for inspiration in the creation of this Building Type for projects within the
Muskegon Form Based Code area.
3.0 BUILDING SIZE AND MASSING
Refer to Illustration 6.1110 for Building Type size and massing graphic representation. Commented [JP204]: Add illustration.
A. Building width (side facing street): 36 feet maximum.
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SECTION 2006 BUILDING TYPE STANDARDS
B. Building depth: 20 feet minimum.
C. Separation from main building: 10 6 feet minimum. Carriage house may be connected to the main building
with an uninhabitable space such as a breezeway.
D. Carriage House Building Type is only allowed on lots where the main building has a residential use and is
one of the following building types:
1. Small Multi-plex Building Type
2. Live/Work Building Type
3. Rowhouse Building Type
4. Duplex Building Type
5. Detached House Building Type
E. Maximum site coverage: Lot coverage of Carriage House shall be included in the lot coverage requirements
of the main building.
F. Building footprint shall not exceed the footprint of the main building on the lot.
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Refer to Illustration 6.1121 for Building Type ground floor activation and pedestrian access graphic representation. Commented [JP205]: Add illustration.
A. Main entrance is required to be accessed from the alley, side street, or internal to the lot.
B. Main entrance shall not be through a garage.
C. Parking may be accessed from the alley, side street, or front street.
D. Parking may be accessed from the front street only when there is no adjacent alley or side street.
5.0 NUMBER OF UNITS
Number of units per Building Type:
A. Total of 1 unit per building.
B. Carriage House Buildings per lot: 1 maximum.
6.0 USE
Building Type use:
A. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Refer to Illustration 6.1132 for Building Type facade composition requirements. Commented [JP206]: Add illustration.
A. Building shall have a flat roof with cornice expression line or pitched (sloped) roof that is compatible with
the architecture of the main building.
B. Transparency Upper Stories: Building facades facing streets shall have 10% to 50% of the facade be
windows between the finish floor line of the second story and bottom of the cornice expression line or
eave.
C. Transparency Street/Sidewalk Level: Building facades facing streets shall have 10% to 50% of the facade
be windows between the adjacent grade and the finish floor line of the second story.
D. Upper windows shall be square or vertically proportioned with clear glass. Refer to definitions in Division
11 for clear glass requirements.
8.0 BUILDING TYPE STORY HEIGHT
Refer to Illustration 6.1143 for Building Type story height requirements. Commented [JP207]: Add illustration.
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A. Ground floor ceiling shall be 8-10 feet minimum.
B. Upper floor ceilings shall be 8-10 feet minimum.
C. Overall height of Building Type shall not exceed the height of the main building on the lot.
9.0 BUILDING TYPE FRONTAGE OPTIONS
The Carriage House Building Type is not required to have a frontage type.
2006.19 CIVIC BUILDING TYPE
1.0 BUILDING TYPE DESCRIPTION
The Civic Building Type is a small-, medium- or large-sized detached structure that incorporates uses of special
public importance including, but not limited to municipal buildings, churches, libraries and schools. Civic
Buildings typically have less form regulations than other Building Types because their prominence within the
community requires more iconic and distinctive form.
2.0 PRECEDENT OF CIVIC BUILDING TYPE Commented [JP208]: Add images.
The following images represent precedent examples of the Civic Building Type. They are intended as examples
only and should be used for inspiration in the creation of this Building Type for projects within the Muskegon Form
Based Code area.
3.0 BUILDING SIZE AND MASSING
Civic Building size and massing is not regulated by this Form Based Code. Generally Civic Buildings shall have a
significant presence within the community.
4.0 GROUND FLOOR ACTIVATION AND PEDESTRIAN ACCESS
Civic Building ground floor activation is not regulated by this Form Based Code. Generally Civic Buildings shall
have an activated ground floor with pedestrian entrances and windows facing street, rights-of-way, and civic
space.
5.0 NUMBER OF UNITS
Number of units is not applicable to this Building Type.
6.0 USE
Building Type use:
B. Uses are regulated by Context Area. Refer to Section 2005 for permitted uses in each Context Area.
7.0 FACADE COMPOSITION REQUIREMENTS
Civic Building facade composition is not regulated by this Form Based Code. Generally Civic Buildings shall have a
design elements and materials that represent their significant presence within the community.
Facade composition should be respectful and compatible with the surrounding context.
8.0 BUILDING TYPE STORY HEIGHT
Overall height of Building Type is regulated by Context Area, refer to Section 2005.
9.0 BUILDING TYPE FRONTAGE OPTIONS
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Civic Building frontages are not regulated by this Form Based Code. Generally Civic Buildings shall have a frontage
that allows for pedestrian access and transparency that represent their significant presence within the
community.
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SECTION 2007 PUBLIC REALM TYPE STANDARDS
SECTION 2007 PUBLIC REALM TYPE STANDARDS[RESERVED]
2007.00 PURPOSE
Section 2007 identifies Public Realm Type Standards established for each of the Context Areas within the City of
Muskegon Form Based Code. Each of the Public Realm Types is defined by a Public Realm Assembly which
includes the attributes which may occur within the public right-of-way for specific Public Realms.
Attributes for each Public Realm Type include standards for sidewalks, street tree planting, thoroughfares
(vehicular zones), on-street parking, streetscapes, and bike lanes. These standards ensure that the Public Realm
is consistent with the desires and outcomes of the 2003 Imagine Muskegon Plan, the 2008 Downtown and
Lakeshore Redevelopment Plan, and the 2015 City of Muskegon Parking Strategy.
Public Realm Standards support the urban form that is required by the Muskegon Form Based Code and should be
considered when streets and sidewalks are reconstructed within the Form Based Code District.
2007.01 APPLICABILITY
The City of Muskegon will configure and adjust the Public Realm Types as necessary for specific conditions. In
instances where private development participates with the City for public realm improvements, these standards
shall be coordinated with the City of Muskegon.
2007.02 PUBLIC REALM MOBILITY CHOICE
The Public Realm and the thoroughfares that they represent are intended to balance the needs of all types of
traffic – auto, bicycle, and pedestrian – to maximize mobility and convenience for all the citizens and users of the
respective Context Areas within the Muskegon Form Based Code District.
While the thoroughfares of all Public Realms will appropriately balance pedestrian and automobile needs, their
character will vary by specific location. Some thoroughfares will carry a large volume of both automobile and
pedestrian traffic and provide a more intense urban experience while others will provide more intimately scaled
streets and public space.
The Public Realm Type Standards illustrate typical configurations for the rights-of-way within the Form Based
Code District. The City will configure and adjust these as necessary for specific conditions with the intent of
balancing access and mobility for all users.
When balancing this mobility choice, street design shall consider the safety, comfort, and convenience of
pedestrians, bicyclists, transit users, and motor vehicle drivers. Balance in all types of transportation and
development of transportation infrastructure shall accommodate all users, so that even the most vulnerable –
children, elderly, and persons with disabilities – can use and travel safely within the public rights-of-way.
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To create these balanced streets, a pedestrian-first policy should establish modal hierarchy. This modal hierarchy
(refer to figure below) inverts the dominant, auto-based paradigm so that downtown Muskegon’s transportation
network can grow safely, sustainably, and equitably into the 21st Century.
When considering public realm improvements within the Form Based Code District, transportation projects and
programs, from design to implementation to maintenance, should favor pedestrians first, then transit riders,
cyclists, and finally, vehicular traffic.
PEDESTRIAN FIRST MODAL HIERARCHY
2007.03 STANDARDS FOR ALL PUBLIC REALM TYPES
The following standards apply to all Public Realm Types:
A. Public Realm Assemblies are intended for use by vehicular, bike, and pedestrian traffic and to provide
access to lots and civic spaces. Public Realm Assemblies shall generally consist of vehicular lanes (the
thoroughfare) and public spaces that include sidewalks (the people zone).
B. Public Realm Assemblies shall be designed in context with the physical form of the Context Areas that they
pass through.
C. All Public Realm Assemblies shall intersect with other Public Realm Assemblies, forming a complete
network. Where topographical or natural features exist that restrict the ability to form a network, a pedestrian
connection shall be made, whenever technically feasible. Cul-de-sacs shall be subject to approval to
accommodate specific site conditions only.
D. Public Realm Assemblies may include vehicular lanes, parking lanes, medians, access, and transportation
provisions such as bicycle and transit facilities. The suggested standards for vehicular lanes, parking lanes,
medians, and other transportation provisions are provided in each Public Realm Assembly.
E. Pedestrian comfort shall be a primary consideration of the Public Realm Assembly (refer to 2007.02 of this
Section). Design conflict between vehicular and pedestrian movement generally shall be decided in favor of the
pedestrian.
F. All Public Realm Sidewalk Walking Zones and Sidewalk Furnishing and Tree Zones shall be maintained by
the adjacent property owner, Property Owners Association, or Business Owners Association.
G. Private trash containers and garbage cans (not including public sidewalk waste bins), may not be stored or
located within any Public Realm.
H. Bicycle racks, public art, public waste bins, benches, and other street furnishings shall be placed in the
Sidewalk Furnishing and Tree Zone and shall not interfere with pedestrian movement or access.
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I. Transit facilities, when placed on a street shall be placed in the Sidewalk Furnishing and Tree Zone and
shall not interfere with pedestrian movement or access.
J. Green infrastructure should be placed in The Sidewalk Furnishing and Tree Zone whenever possible to
manage storm water, mitigate heat island effect, provide small green spaces, improve air quality, and provide
habitats for birds and animals.
K. Temporary sandwich board signs shall be placed in the Sidewalk Furnishing and Tree Zone and shall not
interfere with pedestrian movement or access.
L. Mechanical, electrical, and phone equipment may not be located or stored within the Public Realm.
1. In instances where mechanical, electrical, or phone equipment cannot be placed in non-Public Realm
locations (such as parking lots, alleys, or behind buildings), the equipment shall be placed as follows:
i. Equipment shall be placed in the Sidewalk Furnishing and Tree Zone within a curbed landscaped area.
ii. Equipment shall be screened with landscape material to buffer it from the public realm.
M. Street lighting shall be placed in the Sidewalk Furnishing and Tree Zone.
1. Street lighting shall be pedestrian-scaled decorative fixtures whenever practical. The use of cobra head
lights should be avoided.
2. Street lights shall meet the requirements of Section 2003.09 of the Muskegon Form Based Code.
N. Except for tree trunks, street lights, public art, monuments, or excepted mechanical/electrical/phone
equipment (per item J, above) there shall be a clear view between two and seven feet above grade in all Public
Realm Assemblies. The foliage of newly planted trees may intrude into this area until the tree has sufficient growth
to allow such a clear trunk height.
O. Street Tree Requirements:
1. Street trees shall be a minimum of 2 inch caliper when planted.
2. In Public Realm Assemblies that indicate a regular spacing, trees shall be planted within the Sidewalk
Furnishing and Tree Zone at an average spacing not greater than 30 feet on center (per block face).
3. In Public Realm Assemblies that have a paved Sidewalk Furnishing and Tree Zone, street trees shall be
placed in a tree pit with structural soil and/or expanded tree pit whenever technically feasible.
P. All plant material (including street trees) shall conform to the standards of the American Association of
Nurserymen and shall have passed any inspections required under local or state regulations.
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Q. Turf and Groundcover in the Public Realm (and visible from the Public Realm) shall meet the following
requirements:
1. All turf grass must be solidly sodded at installation—not seeded, sprigged, or plugged.
2. Vegetative groundcovers may be used in place of turf grass.
3. In addition to the lot, the owner must maintain the portion of the Public Realm Assembly between their lot
line and the back of curb and the portion of any alley between the lot line(s) and the edge of pavement.
R. On-Street Parking Requirements:
1. The parking space/tree planting pattern may be interrupted by existing or new driveways and transit
stops/stations.
2. Parking spaces may be interrupted by bulb-outs at street crossing locations.
S. A bicycle network consisting of protected bicycle lanes, dedicated bicycle lanes, sharrows (shared lanes)
or other bicycle routes should be provided throughout the community. The community bicycle network shall be
connected to existing or proposed regional networks wherever possible. The City of Muskegon will coordinate bike
facilities for each assembly. Refer to Section 2007.04 for bicycle facilities.
2007.04 BICYCLE FACILITIES
Many of the Public Realm Assemblies within the Muskegon Form Based Code are intended to accommodate
bicycles in the thoroughfare (vehicular lanes). While not all Public Realm Assemblies will have bike facilities, a
connected network should be considered when redesigning or reconfiguring the downtown streets.
The Public Realm Types described in this section indicate three different levels of bicycle facilities for the
thoroughfare.
These facilities are as follows and will be coordinated by the City of Muskegon when practically and technically
feasible:
Protected Bike Lane: Protected bike lanes have a physical barrier or vertical separation between moving motor
vehicle traffic and bicyclists. Examples of a physical barrier or vertical separation include plastic posts, bollards,
curbs, planters, raised bumps or parked cars.
Dedicated Bike Lane: A bicycle lane is a portion of the roadway that has been designated by striping, signing, and
pavement markings for the preferential use of bicyclists.
Sharrow (Shared Lane): A shared lane marking within a vehicular travel lane of a street’s surface that indicates that
bicyclists may use any portion of the full width of the travel lane.
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2007.05 PUBLIC REALM TYPE OVERVIEW
Public Realm Types for the Muskegon Form Based Code are summarized as follows:
Boulevard: A local, slow movement thoroughfare suitable for high intensity urban areas. Boulevards are urban in
character, with angled or parallel parking on both sides, a center median, and narrow vehicle travel lanes that
support an urban commercial environment. Bikes may be accommodated with protected bike lanes, dedicated
bike lanes, and/or sharrows (shared lane with cars). Transit may also be accommodated along these
thoroughfares.
Commercial Street: A local, slow movement thoroughfare suitable for high intensity urban areas. Commercial
Streets are urban in character, supporting parallel parking on both sides with narrow vehicle travel lanes that
support an urban commercial environment. Bikes may be accommodated with protected bike lanes, dedicated
bike lanes, and/or sharrows (shared lane with cars). Transit may also be accommodated along these
thoroughfares.
Transitional Street: A local, slow movement thoroughfare suitable for medium to high intensity urban areas.
Transitional Streets are urban in character, supporting parallel parking on both sides with narrow vehicle travel
lanes that support an urban commercial or high density residential environment.
Parkway Street: A local, slow movement thoroughfare suitable for general urban areas. Parkway Streets are urban
in character, supporting parallel parking on one or both sides with narrow vehicle travel lanes that support a
variety of different frontages and uses. Bikes are accommodated with dedicated bike lanes and/or sharrows
(shared lane with cars).
Arterial: A thoroughfare suitable for general urban areas that connects to a regional transportation system. The
Arterial is less urban in character than other thoroughfares in the Muskegon Form Based Code District. Medium to
large width vehicle travel lanes support a variety of frontages and uses. The Arterial Public Realm supports
vehicular movement as a first priority and should be used only in instances where other Public Realm Types
cannot support a high level of service for vehicular traffic.
Waterfront Edge: In Section 2007, Muskegon’s downtown waterfront is considered a public realm and acts as both
a thoroughfare for bikes and pedestrians and as a public space for commercial, residential, and recreational
activity. The space is urban in character with fronts of buildings and active frontages facing the waterfront. Bikes
are accommodated with a dedicated bike lane that connects to the city’s existing and proposed bike network.
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2007.06 BOULEVARD
1.0 Boulevard Description: A local, slow movement thoroughfare suitable for high intensity urban areas.
Boulevards are urban in character, with angled or parallel parking on both sides, a center median, and narrow
vehicle travel lanes that support an urban commercial environment. Bikes may be accommodated with protected
bike lanes, dedicated bike lanes, and/or sharrows (shared lane with cars). Transit may also be accommodated
along these thoroughfares.
2.0 Boulevard Assembly: The following cross-section illustrates a typical configuration for the BOULEVARD Public
Realm Type. The City of Muskegon will configure and adjust this assembly as necessary for specific conditions.
This assembly addresses sidewalks, furnishing zones, street tree planting, on-street parking configurations,
vehicular traffic lanes, and bike facilities.
3.0 Boulevard Assembly Key: The following information provides a description and recommended dimensional
range for attributes of the Public Realm Configuration on the facing page. The City of Muskegon will configure and
adjust these dimensions as necessary for specific conditions.
A. Building Type and Frontage Zone: The portion of the Public Realm Type that is defined by the building wall
at the sidewalk.
1. Refer to Section 2005 for Context Zone of parcel
2. Refer to Section 2006 for Building Type requirements
3. Building Type will indicate frontage options for building wall facing the street and sidewalk
B. Sidewalk Walking Zone: The portion of the Public Realm Type dedicated exclusively to pedestrian activity.
The following are typical attributes of the Sidewalk Walking Zone:
1. Minimum Width of Sidewalk: 5 feet
2. Ideal Width of Sidewalk: Between 10 to 15 feet
3. Paving Material for Sidewalk: Concrete, stamped concrete, or brick pavers
C. Sidewalk Furnishing and Tree Zone: The portion of the Public Realm Type dedicated to accommodating
street trees, planters, street lighting, sidewalk signs, and seating. The following are typical attributes of the
Sidewalk Furnishing and Tree Zone:
1. Minimum Recommended Width of Furnishing Zone: 5 feet
2. Ideal Width of Furnishing Zone: Between 10 to 15 feet
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3. Street Tree Planter Type: Required tree pit with structural soil and/or expanded tree pit recommended
4. Street Tree Planting Arrangement: Formal with regular spaced canopy and/or understory trees
5. Paving Material for Furnishing Zone: Concrete, stamped concrete, or brick pavers
D. Curb and Gutter Zone: The portion of the Public Realm Type that vertically separates the thoroughfare
(vehicular zone) from the pedestrian zones while providing stormwater management and drainage.
1. Typical Width of Curb and Gutter Zone: 2 feet
2. Curb Type: Raised
3. Ideal Curb Radius: Small as possible to promote slower speeds and encourage walkability
E. On-street Parking Zone: The portion of the Public Realm Type dedicated to on-street automobile parking. It
is the zone that separates people from vehicular traffic. The following are typical attributes of the On-street
Parking Zone:
1. Parking Lane Configuration: Diagonal and/or parallel on both sides of street, when possible
2. Parking Lane Minimum Width: 17 feet for diagonal and 7 feet for parallel
3. Bulb-outs within the Parking Zone are encouraged at intersections and/or at mid-block crossings
F. Vehicle Travel Zone: The portion of the Public Realm Type dedicated to vehicular travel. The following are
typical attributes of the Vehicle Travel Zone:
1. Movement Type: Slow
2. Ideal Travel Lane Width: 10 feet
3. Target Speed: 25 to 30 MPH
4. Ideal Number of Travel Lanes: One in each direction
G. Bike Lane Zone: The portion of the Public Realm Type dedicated to accommodating bicycle traffic. The
following are typical attributes of the Bike Lane Zone:
1. Accommodation for Bicycle Traffic (when possible): Shared lane with automobile traffic (Sharrow) (as
depicted in the facing page graphic). May also be protected or dedicated bike lane.
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2. Bike Lane Designation: Pavement markings and signage
H. Median Furnishing and Tree Zone: The portion of the Public Realm Type dedicated to accommodating
street trees, planters, and street lighting, specific to the Boulevard Type. The following are typical attributes of the
Median Furnishing and Tree Zone:
1. Minimum Recommended Width: 5 feet
2. Ideal Width: Between 10 to 25 feet
3. Street Tree Planter: Continuous landscaped area (no tree pits)
4. Street Tree Planting Arrangement: Formal with regular spaced canopy and/or understory trees
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2007.07 COMMERCIAL STREET
1.0 Commercial Street Description: A local, slow movement thoroughfare suitable for high intensity urban areas.
Commercial Streets are urban in character, supporting parallel parking on both sides with narrow vehicle travel
lanes that support an urban commercial environment. Bikes may be accommodated with protected bike lanes,
dedicated bike lanes, and/or sharrows (shared lane with cars). Transit may also be accommodated along these
thoroughfares.
2.0 Commercial Street Assembly: The following cross-section illustrates a typical configuration for the
COMMERCIAL STREET Public Realm Type. The City of Muskegon will configure and adjust this assembly as
necessary for specific conditions. This assembly addresses sidewalks, furnishing zones, street tree planting, on-
street parking configurations, vehicular traffic lanes, and bike facilities.
3.0 Commercial Street Assembly Key: The following information provides a description and recommended
dimensional range for attributes of the Public Realm Configuration on the facing page. The City of Muskegon will
configure and adjust these dimensions as necessary for specific conditions.
A. Building Type and Frontage Zone: The portion of the Public Realm Type that is defined by the building wall
at the sidewalk.
1. Refer to Section 2005 for Context Zone of parcel
2. Refer to Section 2006 for Building Type requirements
3. Building Type will indicate frontage options for building wall facing the street and sidewalk
B. Sidewalk Walking Zone: The portion of the Public Realm Type dedicated exclusively to pedestrian activity.
The following are typical attributes of the Sidewalk Walking Zone:
1. Minimum Width of Sidewalk: 5 feet
2. Ideal Width of Sidewalk: Between 10 to 12 feet
3. Paving Material for Sidewalk: Concrete, stamped concrete, or brick pavers
C. Sidewalk Furnishing and Tree Zone: The portion of the Public Realm Type dedicated to accommodating
street trees, planters, street lighting, sidewalk signs, and seating. The following are typical attributes of the
Sidewalk Furnishing and Tree Zone:
1. Minimum Recommended Width of Furnishing Zone: 5 feet
2. Ideal Width of Furnishing Zone: Between 10 to 12 feet
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3. Street Tree Planter Type: Required tree pit with structural soil and/or expanded tree pit recommended
4. Street Tree Planting Arrangement: Formal with regular spaced canopy and/or understory trees
5. Paving Material for Furnishing Zone: Concrete, stamped concrete, or brick pavers
D. Curb and Gutter Zone: The portion of the Public Realm Type that vertically separates the thoroughfare
(vehicular zone) from the pedestrian zones while providing stormwater management and drainage.
1. Typical Width of Curb and Gutter Zone: 2 feet
2. Curb Type: Raised
3. Ideal Curb Radius: Small as possible to promote slower speeds and encourage walkability
E. On-street Parking Zone: The portion of the Public Realm Type dedicated to on-street automobile parking. It
is the zone that separates people from vehicular traffic. The following are typical attributes of the On-street
Parking Zone:
1. Parking Lane Configuration: Diagonal and/or parallel on both sides of street, when possible
2. Parking Lane Minimum Width: 7 feet
3. Bulb-outs within the Parking Zone are encouraged at intersections and/or at mid-block crossings
F. Bike Lane Zone: The portion of the Public Realm Type dedicated to accommodating bicycle traffic. The
following are typical attributes of the Bike Lane Zone:
1. Accommodation for Bicycle Traffic (when possible): Dedicated bike lane (as depicted in the facing page
graphic). May also be a shared lane with automobile traffic (Sharrow) sharrow or protected bike lane.
2. Bike Lane Designation: Pavement markings and signage
G. Vehicle Travel Zone: The portion of the Public Realm Type dedicated to vehicular travel. The following are
typical attributes of the Vehicle Travel Zone:
1. Movement Type: Slow
2. Ideal Travel Lane Width: 10 feet
3. Target Speed: 25 to 30 MPH
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4. Ideal Number of Travel Lanes: One in each direction
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2007.08 TRANSITIONAL STREET
1.0 Transitional Street Description: A local, slow movement thoroughfare suitable for medium to high intensity
urban areas. Transitional Streets are urban in character, supporting parallel parking on both sides with narrow
vehicle travel lanes that support an urban commercial or high density residential environment. The Sidewalk
Furnishing and Tree Zone within Transitional Streets is may either be paved or landscaped, depending on the
adjacent frontages, Building Types, and uses and the Context Area that the Public Realm is located in.
2.0 Transitional Street Assembly: The following cross-section illustrates a typical configuration for the
TRANSITIONAL STREET Public Realm Type. The City of Muskegon will configure and adjust this assembly as
necessary for specific conditions. This assembly addresses sidewalks, furnishing zones, street tree planting, on-
street parking configurations, vehicular traffic lanes, and bike facilities.
3.0 Transitional Street Assembly Key: The following information provides a description and recommended
dimensional range for attributes of the Public Realm Configuration on the facing page. The City of Muskegon will
configure and adjust these dimensions as necessary for specific conditions.
A. Building Type and Frontage Zone: The portion of the Public Realm Type that is defined by the building wall
at the sidewalk.
1. Refer to Section 2005 for Context Zone of parcel
2. Refer to Section 2006 for Building Type requirements
3. Building Type will indicate frontage options for building wall facing the street and sidewalk
B. Sidewalk Walking Zone: The portion of the Public Realm Type dedicated exclusively to pedestrian activity.
The following are typical attributes of the Sidewalk Walking Zone:
1. Minimum Width of Sidewalk: 5 feet
2. Ideal Width of Sidewalk: Between 10 to 12 feet
3. Paving Material for Sidewalk: Concrete, stamped concrete, or brick pavers
C. Sidewalk Furnishing and Tree Zone: The portion of the Public Realm Type dedicated to accommodating
street trees, planters, street lighting, sidewalk signs, and seating. The following are typical attributes of the
Sidewalk Furnishing and Tree Zone:
1. Minimum Recommended Width of Furnishing Zone: 5 feet
2. Ideal Width of Furnishing Zone: Between 10 to 12 feet
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3. Street Tree Planter Type: (At blocks with primarily commercial or institutional uses at the ground floor):
i. Required tree pit with structural soil and/or expanded tree pit recommended
4. Street Tree Planter Type (At blocks with primarily residential uses at the ground floor):
i. Parkway consisting of a continuous landscaped area (no tree pits)
5. Street Tree Planter Types of either paved surfaces or landscaped parkways may change from block to
block along this Public Realm Type and may be different on opposite sides of the street, depending on
predominate ground floor use.
6. City of Muskegon will determine where to place paved surfaces or landscaped parkways depending on
existing conditions and Context Area.
7. Street Tree Planting Arrangement: Formal with regular spaced canopy and/or understory trees
8. Paving Material for Furnishing Zone: Concrete, stamped concrete, or brick pavers when primarily
commercial or institutional uses are at the ground floor
D. Curb and Gutter Zone: The portion of the Public Realm Type that vertically separates the thoroughfare
(vehicular zone) from the pedestrian zones while providing stormwater management and drainage.
1. Typical Width of Curb and Gutter Zone: 2 feet
2. Curb Type: Raised
3. Ideal Curb Radius: Small as possible to promote slower speeds and encourage walkability
E. On-street Parking Zone: The portion of the Public Realm Type dedicated to on-street automobile parking. It
is the zone that separates people from vehicular traffic. The following are typical attributes of the On-street
Parking Zone:
1. Parking Lane Configuration: Parallel on both sides of street, when possible
2. Parking Lane Minimum Width: 7 feet
3. Bulb-outs within the Parking Zone are encouraged at intersections and/or at mid-block crossings
F. Vehicle Travel Zone: The portion of the Public Realm Type dedicated to vehicular travel. The following are
typical attributes of the Vehicle Travel Zone:
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1. Movement Type: Slow
2. Ideal Travel Lane Width: 10 feet
3. Target Speed: 20 to 25 MPH
4. Ideal Number of Travel Lanes: One in each direction
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2007.09 PARKWAY STREET
1.0 Parkway Street Description: A local, slow movement thoroughfare suitable for general urban areas. Parkway
Streets are urban in character, supporting parallel parking on one or both sides with narrow vehicle travel lanes
that support a variety of different frontages and uses. Bikes are accommodated with dedicated bike lanes and/or
sharrows (shared lane with cars).
2.0 Parkway Street Assembly: The following cross-section illustrates a typical configuration for the PARKWAY
STREET Public Realm Type. The City of Muskegon will configure and adjust this assembly as necessary for specific
conditions. This assembly addresses sidewalks, furnishing zones, street tree planting, on-street parking
configurations, vehicular traffic lanes, and bike facilities.
3.0 Parkway Street Assembly Key: The following information provides a description and recommended
dimensional range for attributes of the Public Realm Configuration on the facing page. The City of Muskegon will
configure and adjust these dimensions as necessary for specific conditions.
A. Building Type and Frontage Zone: The portion of the Public Realm Type that is defined by the building wall
at the sidewalk.
1. Refer to Section 2005 for Context Zone of parcel
2. Refer to Section 2006 for Building Type requirements
3. Building Type will indicate frontage options for building wall facing the street and sidewalk
B. Sidewalk Walking Zone: The portion of the Public Realm Type dedicated exclusively to pedestrian activity.
The following are typical attributes of the Sidewalk Walking Zone:
1. Minimum Width of Sidewalk: 5 feet
2. Ideal Width of Sidewalk: Between 10 to 12 feet
3. Paving Material for Sidewalk: Concrete, stamped concrete, or brick pavers
C. Sidewalk Furnishing and Tree Zone: The portion of the Public Realm Type dedicated to accommodating
street trees, planters, street lighting, sidewalk signs, and seating. The following are typical attributes of the
Sidewalk Furnishing and Tree Zone:
1. Minimum Recommended Width of Furnishing Zone: 5 feet
2. Ideal Width of Furnishing Zone: Between 10 to 12 feet
3. Street Tree Planter Type: Parkway consisting of a continuous landscaped area (no paving/no tree pits)
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4. Street Tree Planting Arrangement: Formal with regular spaced canopy and/or understory trees, some
clustering of street trees may also be appropriate within the parkway
D. Curb and Gutter Zone: The portion of the Public Realm Type that vertically separates the thoroughfare
(vehicular zone) from the pedestrian zones while providing stormwater management and drainage.
1. Typical Width of Curb and Gutter Zone: 2 feet
2. Curb Type: Raised
3. Ideal Curb Radius: Small as possible to promote slower speeds and encourage walkability
E. On-street Parking Zone: The portion of the Public Realm Type dedicated to on-street automobile parking. It
is the zone that separates people from vehicular traffic. The following are typical attributes of the On-street
Parking Zone:
1. Parking Lane Configuration: Parallel on both sides of street, when possible
2. Parking Lane Minimum Width: 7 feet
3. Bulb-outs within the Parking Zone are encouraged at intersections and/or at mid-block crossings
F. Vehicle Travel Zone: The portion of the Public Realm Type dedicated to vehicular travel. The following are
typical attributes of the Vehicle Travel Zone:
1. Movement Type: Slow
2. Ideal Travel Lane Width: 9 feet to 10 feet
3. Target Speed: 20 to 25 MPH
4. Ideal Number of Travel Lanes: One in each direction
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SECTION 2007 PUBLIC REALM TYPE STANDARDS
2007.10 ARTERIAL
1.0 Arterial Description: A thoroughfare suitable for general urban areas that connects to a regional transportation
system. The Arterial is less urban in character than other thoroughfares in the Muskegon Form Based Code Area.
Medium to large width vehicle travel lanes support a variety of frontages and uses. The Arterial Public Realm
supports vehicular movement as a first priority and should be used only in instances where other Public Realm
Types cannot support a high level of service for vehicular traffic.
2.0 Arterial Assembly: The following cross-section illustrates a typical configuration for the ARTERIAL Public Realm
Type. The City of Muskegon will configure and adjust this assembly as necessary for specific conditions. This
assembly addresses sidewalks, furnishing zones, street tree planting, on-street parking configurations, vehicular
traffic lanes, and bike facilities.
3.0 Arterial Assembly Key: The following information provides a description and recommended dimensional range
for attributes of the Public Realm Configuration on the facing page. The City of Muskegon will configure and adjust
these dimensions as necessary for specific conditions.
A. Building Type and Frontage Zone: The portion of the Public Realm Type that is defined by the building wall
at the sidewalk.
1. Refer to Section 2005 for Context Zone of parcel
2. Refer to Section 2006 for Building Type requirements
3. Building Type will indicate frontage options for building wall facing the street and sidewalk
B. Sidewalk Walking Zone: The portion of the Public Realm Type dedicated exclusively to pedestrian activity.
The following are typical attributes of the Sidewalk Walking Zone:
1. Minimum Width of Sidewalk: 5 feet
2. Ideal Width of Sidewalk: Between 10 to 12 feet
3. Paving Material for Sidewalk: Concrete, stamped concrete, or brick pavers
C. Sidewalk Furnishing and Tree Zone: The portion of the Public Realm Type dedicated to accommodating
street trees, planters, street lighting, sidewalk signs, and seating. The following are typical attributes of the
Sidewalk Furnishing and Tree Zone:
1. Minimum Recommended Width of Furnishing Zone: 5 feet
2. Ideal Width of Furnishing Zone: Between 10 to 12 feet
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3. Street Tree Planter Type: Parkway consisting of a continuous landscaped area (no paving/no tree pits)
4. Street Tree Planting Arrangement: Clustered and/or irregular spaced canopy and/or understory trees
D. Curb and Gutter Zone: The portion of the Public Realm Type that vertically separates the thoroughfare
(vehicular zone) from the pedestrian zones while providing stormwater management and drainage.
1. Typical Width of Curb and Gutter Zone: 2 feet
2. Curb Type: Raised
3. Ideal Curb Radius: Small as possible to promote slower speeds and encourage walkability
E. Vehicle Travel Zone: The portion of the Public Realm Type dedicated to vehicular travel. The following are
typical attributes of the Vehicle Travel Zone:
1. Movement Type: Medium
2. Ideal Travel Lane Width: 10 feet to 12 feet
3. Target Speed: 35 to 40 MPH
4. Ideal Number of Travel Lanes: Two in each direction (total of four vehicle travel lanes)
Note regarding on-street parking: Whenever possible, depending on specific conditions, parallel on-street parking
should be considered for the Arterial Public Realm Type. The City of Muskegon will configure and adjust this
assembly as necessary for specific conditions. When on-street parking is provided for this Public Realm Type,
bulb-outs should be considered within the parking zone at intersections and mid-block crossings to increase
walkability and safety.
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SECTION 2007 PUBLIC REALM TYPE STANDARDS
2007.11 WATERFRONT EDGE
1.0 Waterfront Edge Description: In Section 2007, Muskegon’s downtown waterfront is considered a public realm
and acts as both a thoroughfare for bikes and pedestrians and as a public space for commercial, residential, and
recreational activity. The space is urban in character with fronts of buildings and active frontages facing the
waterfront. Bikes are accommodated with a dedicated bike lane that connects to the city’s existing and proposed
bike network.
2.0 Waterfront Edge Assembly: The following cross-section illustrates a typical configuration for the WATERFRONT
EDGE Public Realm Type. The City of Muskegon will configure and adjust this assembly as necessary for specific
conditions. This assembly addresses sidewalks, furnishing zones, street tree planting, on-street parking
configurations, vehicular traffic lanes, and bike facilities.
3.0 Waterfront Edge Assembly Key: The following information provides a description and recommended
dimensional range for attributes of the Public Realm Configuration on the facing page. The City of Muskegon will
configure and adjust these dimensions as necessary for specific conditions.
A. Building Type and Frontage Zone: The portion of the Public Realm Type that is defined by the building wall
at the sidewalk.
1. Refer to Section 2005 for Context Zone of parcel
2. Refer to Section 2006 for Building Type requirements
3. Building Type will indicate frontage options for building wall facing the street and sidewalk
B. Sidewalk Walking Zone: The portion of the Public Realm Type dedicated exclusively to pedestrian activity.
The following are typical attributes of the Sidewalk Walking Zone:
1. Minimum Width of Sidewalk: 10 feet
2. Ideal Width of Sidewalk: Between 15 to 20 feet
3. Paving Material for Sidewalk: Concrete, stamped concrete, or brick pavers
C. Sidewalk Furnishing and Tree Zone: The portion of the Public Realm Type dedicated to accommodating
street trees, planters, street lighting, sidewalk signs, and seating. The following are typical attributes of the
Sidewalk Furnishing and Tree Zone:
1. Minimum Recommended Width of Furnishing Zone: 6 feet
2. Ideal Width of Furnishing Zone: Between 10 to 20 feet
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SECTION 2007 PUBLIC REALM TYPE STANDARDS
3. Street Tree Planter Type: Required tree pit with structural soil and/or expanded tree pit recommended
4. Street Tree Planting Arrangement: Formal with regular spaced canopy and/or understory trees
5. Paving Material for Furnishing Zone: Concrete, stamped concrete, or brick pavers
D. Bike Lane Zone: The portion of the Public Realm Type dedicated to accommodating bicycle traffic. The
following are typical attributes of the Bike Lane Zone:
1. Accommodation for Bicycle Traffic (when possible): Dedicated bike lane (as depicted in the facing page
graphic).
2. Minimum Recommended Width of Bike Lane: 12 feet
3. Bike Lane Designation: Pavement markings and signage
E. Activity Zone: The portion of the Public Realm Type dedicated to accommodating a variety of activities. The
width of this zone can change as waterfront and building use change along the waterfront’s edge. The following are
typical attributes of the Activity Zone for the waterfront:
1. Minimum Recommended Width of Activity Zone: 10 feet
2. Ideal Width of Activity Zone: 15 to 30 feet
Permitted uses and programming within Activity Zone:
1. Food trucks and food carts with special use permit on a temporary basis between the hours of 8am and
10pm
2. Temporary and portable structures related to approved special events and festivals
3. Health related classes and events, such as yoga
F. Terrace option: The Activity Zone and Furnishing and Tree Zone may terrace to provide separation between
spaces, landscaping and bike lanes when the following conditions are met:
1. Combined Width of Activity Zone and Furnishing & Tree Zone is 30 feet minimum
2. Connection to existing and/or adjacent waterfront edges is maintained per the requirements of City
ordinances and building code
3. Connection to existing and/or adjacent bike lanes is maintained
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SECTION 2008 OFF-STREET PARKING STANDARDS
SECTION 2008 OFF-STREET PARKING STANDARDS
2008.00 PURPOSE
The purpose of this section is to manage vehicular and bicycle parking in a manner consistent with the regulating
plan of this Form Based Code. Incremental infill development will enable applicants and the City to strategically
accommodate parking needs while not compromising the urban form desired within downtown Muskegon.
2008.01 APPLICABILITY
The regulations of this Section shall apply in the following instances:
A. Whenever the use of a building or lot is changed to another classification of use, off-street parking facilities
shall may be provided as requiredup to the maximum allowed by this Section.
B. If the intensity of use of any existing building (other than a detached house or duplex building) is increased
through the addition of floor area, seating capacity, number of housing units, or number of employees,
additional off-street parking shall may be provided up to the maximum allowed by this Section.
2008.02 PARKING AND LOADING REVIEW
Whenever three or more parking spaces are requiredto be constructed, specifications shall be submitted to the
Zoning Administrator for approval prior to permitting per Section 2326, 3 of the City of Muskegon Zoning
Ordinance.
2008.03 USE OF PARKING AREAS
Vehicles shall not be repaired, stored or displayed for sale or hire in parking lots unless the principal use is
classified in the applicable context area. Upon approval of the Zoning Administrator, parking lots may be used for
temporary events and gathering.
2008.04 ACCESS STANDARDS
Parking shall be accessed from an alley side street whenever possible. If an alley is not available for driveway
placement, parking shall be accessed from a side street. If both an alley and a side street are not available for
driveway placement, parking shall be accessed from a front street. If parking is accessed from a front or side
street, there shall only be one point of access. Entries At the right-of-way line, a driveway shall not exceed two
lanes, or 20 feet, in width.
2008.05 MAINTENANCE STANDARDS
Parking and loading areas, as required, shall be paved, marked, and defined by curbs. Utilizing porous pavement,
low impact design, and green infrastructure best practices for stormwater is encouraged.
2008.06 DIMENSIONAL REQUIREMENTS
Parking spaces shall be a minimum of 8’ wide by 18’ long. Maneuvering aisles shall be a minimum of 12’ wide for
one way traffic and 22’ for two-way traffic. Excessively wide aisles shall not be permitted.
2008.07 ESTABLISHMENT OF USE CLASSES
The following table lists uses permitted in the Form Based Code and designates various use classes for Commented [JP209]: Add table.
establishing parking requirements. Refer to Permitted Uses Tables for each Context Area in Section 2005 for
classification of specific land uses.
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SECTION 2008 OFF-STREET PARKING STANDARDS
PARKING USE CLASS
A. Residential
1. Single-family residential
2. Shared/Co-op housing
3. Multi-family
4. Two-family residential
B. Retail
1. Retail
2. Club, lodge, hall
3. Micro brewery, distillery, winery under 2500 barrels
4. Micro brewery, distillery, winery under 2500 barrels
5. Restaurant, cocktail lounge, brewpub
C. Office
1. Office
2. Personal service
3. Veterinary and kennel
4. Bank
5. Business school/private or public school/higher ed.
6. Taxi/limo service
D. Lodging
1. Hotel/motel
E. Civic
1. Church
2. Gallery/museum
3. Railway terminal
F. Recreation
1. Amusement and recreation facility
2. Outdoor recreation
3. Outdoor theater
4. Indoor theater/live music concert hall
G. Industrial
1. Auto service station
2. Warehousing
3. Shipping, port related activity
4. Research and development
5. Light manufacturing
6.1. Machine shop
2008.08 REQUIRED OFF-STREET PARKING SPACESREGULATIONS
Up to the maximum number of required off-street surface parking spaces shall may be provided and maintained
on the premises or as otherwise allowed by this section per the above table. Commented [JP210]: Add updated table.
A. In the case of a use not specifically mentioned, the requirement regulations for off-street parking facilities
for a specified use which is most similar shall apply, as determined by the Zoning Administrator.
B. Off-street Pparking areas for other than detached house and duplex may be located up to 1,000 feet from
the building they serve.
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SECTION 2008 OFF-STREET PARKING STANDARDS
C. New businesses (uses) that are required to provide 15 parking spaces or less may forgo the parking
requirements if they are located in a previously existing building.
D.C. Parking maximums may be waived by the Zoning Administrator when parking spaces are provided
in structured or underground parking facilities.
2008.09 SHARED PARKING[RESERVED]
A. Shared Parking with Staggered Peak Periods. Where a mix of land uses on two or more adjacent lots create
staggered peak periods of parking demand, the on-site parking requirements for the adjacent lots may be
reduced subject to the following:
1. Shared parking areas shall be located within 600 feet of the use.
2. Pedestrian connections shall be maintained between the buildings or uses.
3. Lots shall be adjacent and shall be interconnected for vehicular passage.
4. A shared parking agreement shall be submitted.
5. For shared parking with places of worship, the other uses shall not normally operate between the
hours of 6:00am and 6:00pm on Sundays.
B. Mixed Use Buildings. Where one mixed use building on one lot creates staggered peak periods of parking
demand, the on-site parking requirements for the single lot may be reduced subject to the following:
1. Mixed Use Building shall have different uses on multiple floors that create a staggered demand.
C. Availability of other modes of travel. To qualify, the site plan must incorporate transit stops, pedestrian
connections to nearby transit stops, or bicycle parking facilities, as applicable.
1. Transit reduction. Buildings or uses shall be within 600 feet of a transit stop. MATS shall verify in
writing that the transit stop is in a permanent location.
2. Bicycle reduction. Parking requirements may be reduced by one space for every four covered,
secure bicycle parking spaces that are provided on site that are in addition to the required bicycle
parking. Parking requirements may be further reduced by four spaces where free showers are
available for employee use within the building.
2008.10 PARKING EASEMENTS AND AGREEMENTS[RESERVED]
A. Written easements that provide for continued use and maintenance of shared parking shall be submitted
to the Zoning Administrator for review and approval. Any agreement shall include provisions to address
changes in use.
B. Shared parking leases or agreements shall have a term of not less than five years, including any renewals
at the option of the lessee.
C. Should the agreement be voided or expire for any reason, the uses utilizing the shared parking facility shall
provide all required parking spaces in accordance with the requirements of this Section, or shall be in
violation thereof.
2008.11 OFF-STREET PARKING LOT DESIGN/DRIVEWAYS
A. Off-street parking location and setbacks. Off-street parking lots shall conform to the parking placement
standards in Section 2005 for the applicable context area.
1. Off-street parking areas shall be separated at least ten five (105) feet from buildings in order to
make room for a sidewalk, landscaping, and other planting between the building and the parking
area.
Exception: This separation may be eliminated to the rear of buildings in areas designed for
unloading and loading.
B. Off-street parking facilities required provided for detached house or duplex shall be located on the same
lot or parcel as the building they are intended to serve, and shall consist of a driveway and/or garage. All
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SECTION 2008 OFF-STREET PARKING STANDARDS
residential driveways shall provide a minimum width of at least eight feet. Driveways must be paved.and
Aall parking spaces shall be paved and no more than one parking space shall be located within the
required front yard. Additions to existing detached house or duplex shall not require the paving of an
unpaved driveway.
2008.12 PARKING STRUCTURES
A. Parking stall and driving aisles shall meet the minimum required in Section 2008.06.
B. Internal arrangement and design shall be approved by the city engineer and building inspector for
appropriate grades, traffic circulation, aisle length, column spacing, ceiling height, exit stairwell and
elevator location.
C. Parking structures shall be set back the same distance as required for the applicable Building Type.
D. An active use is required at the ground level of the parking facility where the structure is within an area
identified for ground floor activation per the Context Area Map in Section 2005.02.
E.D. Space for the active use The ground level of the parking structure shall have one of the permitted
Frontage Options for a minimum depth of thirty (30) feet and minimum width not less than eighty (80)
percent of the building frontage at the front property line and not less than fifty (50) percent of the building
frontage on the side property line.
F.E. In lieu of a permitted Frontage Option n active use on the ground level, a parking structure may be
paired with a liner building. Liner buildings may be one (or a combination of) the following Building Types:
1. Mixed-Use Building
2. Flex Building
3. Live/Work Building
4. Multi-Plex Building
5. Rowhouse Building
G.F. Parking structures shall be architecturally compatible with the buildings they serve.
2008.13 OFF-STREET LOADING REQUIREMENTS
For off-street loading requirements refer to Section 2329 of the City of Muskegon Zoning Ordinance.
2008.14 PARKING LOT LANDSCAPING/SCREENING
A. Parking lot landscaping shall be provided in accordance with Section 23312333, 8 of the City of Muskegon
Zoning Ordinance.
B. Any frontage along all streets with surface parking at the build-to-line or within the required build-to-zone,
shall be defined by a 3’ high street screen. Required street screens shall be of one of the following:
1. The same building material as the principal building on the lot or
2. A vegetative screen composed of shrubs planted to be opaque at maturity, or
3. A combination of the two.
C. The required street screen shall be located at the property line along the corresponding street. Street
screens may include breaks to provide pedestrian access from any surface parking or service area to the
public sidewalk.
2008.15 BICYCLE PARKING
A. Bicycle parking shall be located on paved or pervious, dust-free spaces, and shall be a minimum of 2’ by
6’. Bicycle parking shall be located in a convenient and visible area, and within 100’ of building entries,
when possible.
B. Bicycle parking shall be provided at a rate of 20% of required provided vehicular parking.
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SECTION 2009 SIGN STANDARDS
SECTION 2009 SIGN STANDARDS
2009.00 PURPOSE
Section 2009 identifies sign standards that are intended to appropriately limit the placement, type, size,
construction, illumination, and number of signs allowed within a specific Context Area and to require the proper
maintenance of signs. The regulations and standards of this Section are intended to be content neutral and are
considered the minimum necessary to achieve a substantial government interest for public safety, aesthetics, and
protection of property values. The purpose of these limitations and requirements are to:
A. Protect the public right to receive messages and information protected by the First Amendment of the U.S.
Constitution;
B. Safeguard and protect the public health, safety, and general welfare;
C. Promote aesthetic and environmental values of the community by providing for signs that do not impair the
attractiveness of the city as a place to live, work and shop;
D. Avoid traffic safety hazards to motorists, bicyclists, and pedestrians, caused by visual distractions and
obstructions;
E. Enable the public to locate goods, services and facilities without excessive difficulty and confusion by
restricting the number and placement of signs;
F. Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically
designed and proportioned in relation to adjacent structures and the structures to which they are
attached;
G. Recognize that the principal intent of commercial signs is for identification of an establishment on the
premises, and not for advertising off-premises activities; and
H. Regulate portable commercial signs in recognition of their significant negative impact on traffic safety and
aesthetics.
2009.01 APPLICABILITY
A. Section 2334 of the City of Muskegon Zoning Ordinance regulates signs. Provisions contained in Section
2334, subsections 1-5 shall apply to signs within the Form Based Code district, in addition to the standards
contained herein.
B. Temporary signs shall be regulated per Section 2334 of the City of Muskegon Zoning Ordinance.
C. No person, firm, or corporation shall erect, repair, alter, relocate, display or maintain any sign which does
not comply with the standards set forth in this Section, and no permit shall be issued for any such sign.
2009.02 SIGN REQUIREMENTS[RESERVED]
A. Sign types, quantities, and sizes shall be as provided herein.
B. Sign Types are limited to the following:
1. Sign Band Signs.
2. Wall Signs.
3. Projecting Signs.
4. Awning and Canopy Signs.
5. Window Signs.
6. Ground Signs.
2009.03 OFF PREMISE ADVERTISING
For oOff-premise advertising shall not be permitted, see Section 2334, 4 of the City of Muskegon Zoning
Ordinance.
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SECTION 2009 SIGN STANDARDS
2009.04 NONCONFORMING SIGNS
For nonconforming signs, see Section 2334,13 of the City of Muskegon Zoning Ordinance.
2009.05 REMOVAL
For removal of signs, see Section 2334,14 of the City of Muskegon Zoning Ordinance.
2009.06 SIGN TYPE OVERVIEW[RESERVED]
Sign types for the Muskegon Form Based Code are as follows:
Sign Band: A sign that is painted on, incorporated in, or attached directly to the sign band or horizontal expression
band above a storefront window or transom on buildings types with the following frontages: Storefront, Balcony, or
Drive-through.
Wall Sign: A sign that is painted on, incorporated in, or attached directly to a building wall, with the exposed face of
the sign in place parallel to the building wall.
Projecting Sign: A double faced sign that is attached to the face of a building and projects from the wall of the
building at a ninety (90) degree angle. Projecting signs may include logos or creative art and graphics as part of the
sign composition and may be fabricated of wood, metal, fabric, or other durable material.
Awning & Canopy Sign: Awning Signs may be painted, screen printed or appliquéd to the awning. Canopy Signs
shall be attached upon the face or above the face of metal canopies. Awning and Canopy Signs shall be placed on
canopies or awnings that are above doors and/or windows.
Window Sign: Window Signs are any sign, picture, symbol or combination thereof that is designed to communicate
information about activity, business, commodity, event, sale, or service that is placed on the window and which is
intended to be seen by the public from the outside. Window signs include neon tube signs that indicate “open” for
business and other neon tube signs as indicated in this subsection.
Ground Sign: A free-standing permanent sign that is mounted directly on the ground or ground level foundation
and is often used to mark a place of significance or the entrance to a location.
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SECTION 2009 SIGN STANDARDS
2009.07 SIGN BAND SIGN
A sign that is painted on, incorporated in, or attached directly to the sign band or horizontal expression band above
a storefront window or transom on buildings types with the following frontages: Storefront, Balcony, or Drive-
through.
1.0 Sign Band Sign Size and Proportion
Refer to Refer to Illustration 9.01 for graphic representation of the dimensional requirements regarding Sign Band Commented [JP211]: Add illustration.
Signs.
A. Sign Band Sign sizes and proportions are relative to the size of the building’s sign band or horizontal
expression band.
B. Vertical Placement: Sign content height shall not exceed 80% of the overall height of the sign band or
horizontal expression band.
C. Horizontal Placement: Sign content within the sign band or horizontal expression band shall not come
closer than two (2) feet to the side edges of the sign band.
D. Sign content shall not extend more than three (3) inches from the face of the sign band or horizontal
expression line.
2.0 Sign Band Sign Standards
A. Sign content (letters, corporate logos, symbols or designs) may be engraved, painted, or surface mounted
on the building’s sign band or horizontal expression band. Sign content shall be made of materials visually
compatible with the display surface.
B. Dimensional requirements of sign band Section 2009.13.
C. Sign content is not required to be placed in sign band or horizontal expression line.
3.0 Sign Band Sign Quantity
A. The number of Sign Band Signs allowed per building shall not exceed the quantities indicated in Section
2009.14.
B. Sign Bands may be used in conjunction with other Sign Types.
4.0 Sign Band Sign Location
Sign Band Signs are permitted to be installed at the sign band or horizontal expression band above a storefront
window or transom on buildings that have Storefront, Balcony, or Drive-through Frontage.
A. At corner lot buildings, Sign Band Signs are also permitted to be installed at the sign band or horizontal
expression line above storefronts or transoms along side streets.
5.0 Sign Band Sign Illumination
A. Sign Band Signs may be externally illuminated per the requirements of Section 2334, 3, f.
B. Sign Band Signs are not permitted to be internally illuminated. Sign Band is not permitted to be illuminated
with neon illumination.
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SECTION 2009 SIGN STANDARDS
2009.08 WALL SIGN
A sign that is painted on, incorporated in, or attached directly to a building wall, with the exposed face of the sign
in place parallel to the building wall.
1.0 Wall Sign Size and Proportion
Refer to Illustration 9.02 for graphic representation of the dimensional requirements regarding Wall Signs. Commented [JP212]: Add illustration.
Refer to Section 2009.13 for dimensional requirements.
A. Wall Signs shall be a minimum of three (3) feet above the adjacent grade.
B. Wall Signs shall not come closer than two (2) feet to the corner of the building.
2.0 Wall Sign Standards
A. Wall Signs shall be designed to be compatible with the character of the building and building materials in
order to promote a unified design which compliments the building’s massing, scale and character.
B. Wall Sign content may include letters, corporate logos, symbols or designs that are painted or applied to
the building wall.
3.0 Wall Sign Quantity
A. The number of Wall Signs allowed per building shall not exceed the quantities indicated in Section
2009.14.
B. Wall may be used in conjunction with other Sign Types.
4.0 Wall Sign Location
Wall Signs are permitted on the fronts of the following buildings:
A. Live/Work
B. Flex
C. Multi-plex (Small and Large)
D. Civic
Wall Signs are permitted on the sides (along side street) of the following buildings:
A. Mixed-Use
B. Retail
C. Cottage Retail
D. Live/Work
E. Multi-plex (Small and Large)
F. Civic
5.0 Wall Sign Illumination
A. Wall Signs may be externally or internally illuminated per the requirements of Section 2334, 3, f.
B. Wall Signs are not permitted to be illuminated with neon illumination.
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SECTION 2009 SIGN STANDARDS
2009.09 PROJECTING SIGN
A double faced sign that is attached to the face of a building and projects from the wall of the building at a ninety
(90) degree angle. Projecting signs may include logos or creative art and graphics as part of the sign composition
and may be fabricated of wood, metal, fabric, or other durable material.
1.0 Projecting Sign Size and Proportion
Refer to Illustration 9.03 for graphic representation of the dimensional requirements regarding Projecting Signs. Commented [JP213]: Add illustration.
Refer to Section 2009.13 for dimensional requirements.
A. Maximum height of projecting signs shall be four (4) feet except projecting signs depicting only the building
name may be taller (see note in Section 2009.13).
B. Maximum width of projecting signs shall be three (3) feet except projecting signs depicting only the building
name may increase to four (4) feet.
C. Projecting Signs shall not extend more than five (5) feet from the face of building.
D. Projecting Signs shall be a minimum of eight (8) feet above the adjacent grade and may not extend above
the roof line.
E. Projecting signs shall be perpendicular to the building face.
2.0 Projecting Sign Standards
A. Projecting Signs shall be designed to be compatible with the character of the building and building
materials in order to promote a unified design which compliments the building’s massing, scale and
character.
B. Projecting Sign content may include letters, corporate logos, symbols or designs and shall have content on
both sides of the sign.
C. Projecting Signs placed on fabric, cloth or canvas shall be securely anchored to a sign frame.
3.0 Projecting Sign Quantity
A. The number of Projecting Signs allowed per building shall not exceed the quantities indicated in Section
2009.14.
B. Projecting Signs may be used in conjunction with other Sign Types.
4.0 Projecting Sign Location
A. Projecting Signs are permitted on the fronts of the following buildings:
1. Mixed-Use
2. Retail
3. Cottage Retail
4. Live/Work
5. Flex
6. Multi-plex (Small and Large)
5.0 Projecting Sign Illumination
A. Projecting Signs may be externally or internally illuminated per the requirements of Section 2334, 3, f.
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SECTION 2009 SIGN STANDARDS
2009.10 AWNING AND CANOPY SIGN
Awning Signs may be painted, screen printed or appliquéd to the awning. Canopy Signs shall be attached upon the
face or above the face of metal canopies. Awning and Canopy Signs shall be placed on canopies or awnings that
are above doors and/or windows.
1.0 Awning and Canopy Sign Location and Size
Refer to Illustration 9.04 for graphic representation of the dimensional requirements regarding Awning and Canopy Commented [JP214]: Add illustration.
Signs.
Refer to Section 2009.13 for dimensional requirements.
A. Awning Signs are permitted on the fronts and sides of buildings above any windows and/or doors where
awnings are placed.
B. Canopy Signs are permitted on the fronts and sides of buildings above doors where canopies are placed.
C. Awning and Canopies shall be a minimum of eight (8) feet above the adjacent grade.
D. Height of awning valance shall be between eight (8) and fourteen (14) inches.
E. Height of sign content on awning valence shall not exceed 80% of the valence height.
F. Width of awning shall not exceed the width of the door or window that it is above.
G. Width of sign content on awning valence shall not exceed 90% of the valence width.
H. Area of sign content located on the shed (sloped) area of the awning shall not exceed 30% of the overall
shed area.
I. Width of canopy shall not exceed the width of the door that it is above.
J. Sign content may be placed on or above the canopy fascia and shall not exceed 90% of the width of the
canopy.
K. Height of canopy sign content shall not exceed 90% of the height of the canopy. Maximum width of
projecting signs shall be three (3) feet.
2.0 Awning and Canopy Sign Standards
A. Awning and Canopy Sign content may include letters, corporate logos, symbols, or designs that are
painted, applied or surface mounted on the awning or canopy surface. Sign content on canopy signs may
also be located above the canopy sign. Projecting Signs shall be designed to be compatible with the
character of the building and building materials in order to promote a unified design which compliments
the building’s massing, scale and character.
3.0 Awning and Canopy Sign Quantity
A. The number of Awning and Canopy Signs allowed per building shall not exceed the quantities indicated in
Section 2009.14.
B. Awning and Canopy Signs may be used in conjunction with other Sign Types.
4.0 Awning and Canopy Sign Illumination
A. Awning and Canopy Signs shall not be illuminated.
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SECTION 2009 SIGN STANDARDS
2009.11 WINDOW SIGN
Window Signs are any sign, picture, symbol or combination thereof that is designed to communicate information
about activity, business, commodity, event, sale, or service that is placed on the window and which is intended to
be seen by the public from the outside. Window signs include neon tube signs that indicate “open” for business
and other neon tube signs as indicated in this subsection.
1.0 Window Sign Size and Proportion
Refer to Illustration 9.05 for graphic representation of the dimensional requirements regarding Window Signs. Commented [JP215]: Add illustration.
Refer to Section 2009.13 for dimensional requirements.
A. Lower Surface Applied Window Signs shall be within 12” of the sill and may span the entire width of the
storefront.
B. Width of Surface Applied Window Signs above twelve (12) inches from the sill shall not exceed four (4) feet
in width.
C. Height of Surface Applied Window Signs above twelve (12) inches from the bottom of the sill shall not
exceed three (3) feet.
2.0 Window Sign Standards
A. Surface Applied Window Signs shall be professionally painted or applied letters, corporate logos, symbols
or designs.
3.0 Window Sign Quantity
A. The number of Window Signs allowed per building shall not exceed the quantities indicated in Section
2009.14.
B. Window Signs may be used in conjunction with other Sign Types.
4.0 Window Sign Location
A. Surface Applied Window Signs are permitted on the ground and upper floor front and street sideside street
windows of the following buildings:
1. Mixed-Use
2. Retail
3. Cottage Retail
4. Flex
5. Live/Work
6. Multi-plex (Small and Large)
B. Window Signs shall be installed on the inside face of the window.
5.0 Window Sign Illumination
A. Window Signs shall not be illuminated.
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2009.12 GROUND SIGN
A free-standing permanent sign that is mounted directly on the ground or ground level foundation and is often
used to mark a place of significance or the entrance to a location.
1.0 Ground Sign Size and Proportion
Refer to Illustration 9.06 for graphic representation of the dimensional requirements regarding Ground Signs. Commented [JP216]: Add illustration.
Refer to Section 2009.13 for dimensional requirements.
A. Maximum height of Ground Signs shall be four (4) feet except multi-tenant Ground Signs may increase to
five (5) feet.
B. Maximum width of Ground Signs shall be three (3) feet except multi-tenant Ground Signs may increase to
five (5) feet.
2.0 Ground Sign Standards
A. Ground Signs shall be designed to be compatible with the character of the surrounding buildings and
building materials in order to promote a unified design which compliments the buildings’ massing, scale
and character.
B. Ground Sign content may include letters and corporate logos that are permanently affixed to the sign.
C. Ground Sign content is not permitted to be changeable copy, except for gasoline price signs, directory
signs listing more than one tenant, and signs advertising restaurant food specials, films, and live
entertainment, which change on a regular basis.
D. Ground Signs shall have content on both sides of the sign with building address clearly depicted.
3.0 Ground Sign Quantity
A. The number of Ground Signs allowed per building shall not exceed the quantities indicated in Section
2009.14.
B. Ground Signs may be used in conjunction with other Sign Types.
4.0 Ground Sign Illumination
A. Ground Signs may be externally or internally illuminated per the requirements of Section 2334, 3, f.
5.0 Ground Sign Location
A. Ground Signs are permitted in the front yard setback of the following buildings:
1. Cottage Retail
2. Multi-Plex
3. Civic
B. Ground Signs shall be setback a minimum 10’ from front property line.
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2009.13 SUMMARY OF DIMENSIONAL REQUIREMENTS FOR SIGNS Commented [JP217]: Add updated table
including Lakeside FBC info.
2009.14 SUMMARY OF SIGN QUANTITIES PERMITTED
Commented [JP218]: Add updated table
including Lakeside FBC info.
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SECTION 2010 FORM BASED CODE DEFINITIONS
SECTION 2010 FORM BASED CODE DEFINITIONS
2010.00 APPLICABILITY
The following terms are defined for the purpose of the City of Muskegon Form Based Code.
In instances where terms are not defined here, they may be defined elsewhere in the existing municipal City of
Muskegon Zoning Ordinance. In such cases, the definitions contained within the existing zoning ordinance shall be
used for the administration of the City of Muskegon Form Based Code.
In instances where terms are defined in both the existing ordinances and here, the definitions here shall prevail for
the administration of the City of Muskegon Form Based Code.
Active Use: A use at the street level of a building that allows physical and visual activity to occur between the
inside of the building and the sidewalk area. A group of buildings with active street level uses will generate
pedestrian activity on the sidewalk and vehicular activity in the thoroughfare. Typical active uses include retail and
restaurants at the street level.
Adjacent Grade: The exterior grade immediately adjacent to the building or structure from which measurements
shall be taken.
Alley: A dedicated right-of-way or easement providing access for service and parking at the rear or side of a parcel.
Not intended for general traffic circulationRefer to Rear Alley. Also referred to as Rear Alley.
Architectural Elements: Elements of a building that may project from the facade beyond required build-to-line,
into required setbacks, beyond build-to-zones or into the public right-of-way as indicated in Section 2003.02.
These include balconies, awnings, canopies, eaves, cornices, bays, and projecting signs.
At-Grade Entry: An entry door that has a zero-step entrance, typically associated with the Dooryard Frontage.
Attic: An interior space of a building that has only a single floor of habitable space and that occurs within the
pitched roof structure, whether conditioned or not. Attic space is typically not among the number of stories
regulated by Context Area or Building Type, unless otherwise noted.
Awning: A retractable or fixed shelter projecting from and supported by the exterior wall of a building and
constructed of non-rigid materials on a supporting framework.
Awning Sign: A sign that typically includes letters, logos, symbols and/or designs that may be painted, screen
printed, or appliquéd to the awning.
Balcony: An open outdoor portion of an upper floor.
Balcony Frontage: A frontage type that contains a recessed balcony that is applied to the upper level floor of a
Building Type along the front street and a storefront that is applied to the ground level floor of a Building Type along
the front and side streets. It is always associated with mixed-use buildings. The balcony-storefront frontage shall
be designed to include an open-air space that is recessed into the building mass on the upper level(s) and a
storefront that is designed to promote an attractive, convenient shopping experience and transparent wall along
the sidewalk.
Basement: An interior space of a building that has more than one half (1/2) of its height below grade.
Bay or Bay Window: An interior portion of an upper floor extending beyond the building’s exterior wall plane that is
not supported from below by vertical columns or piers.
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Bike Lane, Dedicated: A bike lane that is a portion of the roadway that has be specifically designated by striping,
signing, and/or pavement markings for the preferential and exclusive use of bicyclists.
Bike Lane, Protected: A bike lane that has a physical barrier or vertical separation between moving motor vehicle
traffic and bicyclists. Examples of a physical barrier or vertical separation include plastic posts, bollards, curbs,
planters, raised bumps, or parked cars.
Bike Travel Zone: An element of the Public Realm Type Standards that is dedicated to accommodating bicycle
traffic. This zone may be defined by sharrows (shared lanes), dedicated bike lanes, and/or protected bike lanes.
Refer to Section 2007.04 for bicycle facilities that are appropriate for the Bike Travel Zone.
Building Composition: The essential architectural characteristics that define a specific Building Type.
Building Facade: The exterior walls of a building that face either a front or side street, public right-of-way, or
easement. A building can have more than one facade, if it is on a corner lot, on the waterfront, or adjacent to a
public right-of-way or civic space.
Building Footprint: The shape and placement of the ground floor of a structure on the lot or parcel.
Building Footprint, Condominium Site: The area of the condominium site within which the main building or
structure may be constructed as described in the master deed for the site condominium project.
Building Height: The number of stories permitted by the Context Area (Section 2005), with the actual measurement
of individual story height determined according to specific Building Types in Section 2006. Measurement of story
height is the distance between the floor and ceiling of that storyRefer to Height, Building.
Building Wall: In reference to the walls that face the right-of-way lines along front and side streets, public paths, or
civic spaces. Specifically related to the requirements of building site placement.
Build-To-Line: A measurement that defines the edge in which the building walls that face front and side streets are
required to be built to. When a build-to-line is indicated in the requirements for a Building Type frontage and/or
Context Area, it is a requirement and not a permissive minimum as is a setback line.
Build-To-Zone: A measurement that defines the range (or zone) in which the building walls that face front and side
streets are required to be located within. When a build-to-zone is indicated on a Building Type frontage and/or
Context Area, it is a requirement that the building walls are constructed within this range.
Building Type: Building Types describe the various forms of buildings that are permitted in the City of Muskegon
Form Based Code. Each Building Type has its own specific massing, composition, vertical dimension, and frontage
options that create its unique attributes. Building Types are regulated in Section 2006 and are allowable within
various Context Areas.
Building Type and Frontage Zone: An element of the Public Realm Type Standards that represents the portion of
the public realm that is defined by the building wall at the sidewalk. It is at this edge that private-sector
development meets public-sector investment. It is also the location where the street wall can promote activity and
vibrancy, while enhancing walkability.
Canopy: A fixed shelter projecting from and supported by the exterior wall of a building and constructed of metal or
other rigid materials.
Canopy Sign: A sign that typically includes letters, logos, symbols and/or designs that is integrated into a canopy.
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Carriage House Building Type: A Building Type that is an accessory structure typically located at the rear of a lot. It
typically provides either a small residential unit or home office space which could be located at ground-level,
above, or adjacent to a first floor garage. This Type is important for providing affordable housing choices that are
integrated into diverse neighborhoods. This Type shall only be used in conjunction with the Detached House,
Duplex, Rowhouse, or Live/Work Building Types.
Civic Building Type: A Building Type that is a small-, medium- or large-sized detached structure that incorporates
uses of special public importance including, but not limited to municipal buildings, churches, and libraries. Civic
Buildings typically have less form regulations than other Building Types because their prominence within the
community requires more iconic and distinctive form. Civic buildings are typically sited in locations of
prominence, such as corners of major intersections, terminating a street vista, or overlooking or within a civic
space. The design of these Building Types is encouraged to allow greater flexibility and distinctive architectural
expression so that they can become landmarks. In the Muskegon Form Based Code Area, schools are not
considered uses that are appropriate for Civic Buildings.
Civic Space: An outdoor area dedicated to public use that is strategically placed to facilitate use by the
surrounding community.
Clear Glass: Glass having a Visual Light Transmittance (VLT) of seventy (70) percent minimum. Heavily tinted glass
and/or reflective glass shall not be considered clear.Refer to Glass, Clear.
Context Area: Administratively similar to zoning districts in conventional codes, except that they integrate form-
based elements, including Building Type, building site placement, and off-street parking placement into the
regulation.
Cornice Expression Line: An architectural feature on buildings that acts as an upper termination or capital for the
overall composition of the building.
Cottage Retail Building Type: A Building Type that is a small- to medium-sized detached structure. It is intended to
provide retail or service uses at the ground floor. This Type will typically have a residential mass, scale, and
composition that allows it to integrate into adjacent residential areas.
Dedicated Bike Lane: Refer to Bike Lane, Dedicated.
Detached House Building Type: A Building Type that is a small- to medium-sized detached structure that
incorporates one dwelling unit. It is typically located within a primarily single-family neighborhood in a walkable
urban setting. This Type enables well-designed higher densities. It is an essential Building Type for providing a
broad choice of housing types. Synonymous with single-family house.
Departure: A Minor or Major modification to selected Form Based Code requirements, refer to Section 2002,
Tables 2002.03a and 2002.03b.
Dooryard Frontage: A frontage option where the facade of the building that faces the front street is setback a small
distance from the street, typically within a build-to-zone. The front property line is oftentimes defined by a low
wall, fence, or hedge, creating a small dooryard. The dooryard shall not provide public circulation along the rights-
of-way. The dooryard may be raised or at-grade and is most often intended for ground floor residential.
Drive-through Frontage: A frontage option that is identical to the Storefront Frontage, however it includes an
automobile drive-through at the rear or non-street facing sides. The drive-through may include a covered structure
at the service window location. This structure is designed to be a secondary element to the building and is
consistent with the massing, scale, and design of the building. This frontage is typically associated with retail and
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mixed-use buildings and includes a storefront that is designed in a way that promotes an attractive and convenient
shopping experience.
Drive-through Zone: The area (or zone) in which a drive-through is permitted to be placed on a site. Drive-through
zones are part of requirements of the Drive-Through Frontage.
Duplex Building Type: A Building Type that is a small- to medium-sized detached structure that consists of two
side-by-side or stacked dwelling units, both facing the street and within a single building massing. This Type has
the appearance of a medium-sized single-family house and is appropriately scaled to fit in single family
neighborhoods. This Type enables well-designed higher densities. It is an essential Building Type for providing a
broad choice of housing types. Synonymous with two-family house.
Eave: The projecting overhang along the sloped edge of a pitched roof.
Engaged Porch Frontage: A frontage option where the facade of the building that faces the front and/or side streets
is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting yard is
typically small and can be defined by a fence or hedge to spatially maintain the street edge. The engaged porch
has two adjacent sides of the porch that are engaged to the building (connected to and enclosed by building walls)
while the other two sides are open. Steps from the porch may be on the front or side of the porch and shall lead
directly to the sidewalk.
Expanded Tree Pit: This system is designed to provide street trees a better environment to grow and survive in
urban contexts. The principle behind the expanded tree pit is to approximate the growing conditions in which a tree
species has evolved. The more closely those conditions can be achieved, the better a tree will survive and express
its genetic potential. An expanded tree pit, or shared rooting space, may be achieved by linking individual tree pits
with an under sidewalk corridor.
Facade: Refer to Building Facade.
Fascia: Horizontal board that terminates an eave edge of a sloped or pitched roof.
Finish Ceiling: The ceiling surface, usually installed over building structure or hung from the structure, which
provides the completed ceiling surface.
Finish Floor: The floor, usually laid over a subfloor, which provides the completed floor surface.
Flex Building Type: A Building Type that is a medium- to large-sized attached or detached structure, typically built
on a large lot. It can be used to provide a vertical mix of uses with ground floor industrial, service, retail, or
residential uses; or it may be a single-use building. This Type is a primary component in a variety of urban context
areas that provide a mix of Building Types.
Forecourt Frontage: A frontage option where the facade of the building that faces the front street is at or near the
right-of-way line and a small percentage of the facade is set back, creating a small courtyard space. The courtyard
area is not covered. Forecourts used in conjunction with Mixed-Use Building Types shall have a storefront where
the forecourt and courtyard space shall be used as an additional shopping space or restaurant seating area.
Form Based Code Area: The area on the City of Muskegon Zoning Map (located in Article III, Section 300 of the City
Zoning Ordinance) that is designated as a Form Based Code District. Lots or parcels located in the Form Based
Code Area are regulated by the Muskegon Form Based Code.
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Front Street: The property lines of a parcel that are along tThe street of address for the parcel or building. Refer
also to side street. The waterfront is considered an additional front street in instances where buildings face the
waterfront and a street of address.
Frontage Type: The privately owned area between the frontage line and the building facade. Private frontages are
applied to Building Types to ensure that the building adequately engages the street, sidewalk and public realm.
Private frontages are specific to Building Types and are defined in subsections for each specific Building Type in
Section 2006. Each Building Type has many options for frontage types and therefore the specific project
requirements will determine what frontage may be used. Selection of frontages are at the discretion of the land
owner or development team.
Glass, Clear: Glass having a Visual Light Transmittance (VLT) of seventy (70) percent minimum. Heavily tinted or
reflective glass shall not be considered clear.
Green Infrastructure: Infrastructure that provides and promotes a network of natural systems within the urban
environment. Green infrastructure manages storm water, mitigates heat island effect, provides small green
spaces, improves air quality, and provides habitats for birds and animals. Green infrastructure includes trees,
storm water planters (including inlet/outlet and overflow mechanisms), rain gardens, bioswales, surface and
subsurface storm water storage structures, pervious pavements, and water efficient irrigation. Green
infrastructure, when used, shall be placed in The Sidewalk Furnishing and Tree Zone of the Public Realm Types.
Ground Cover: Grass, vegetative cover, or other living landscape.
Ground Sign: A free-standing permanent sign that is mounted directly on the ground or ground level foundation
and is often used to mark a place of significance or the entrance to a location.
Height, Building: The number of stories permitted by the Context Area (Section 2005), with the actual
measurement of individual story height determined according to specific Building Types in Section 2006.
Measurement of story height is the distance between the floor and ceiling of that story.Horizontal Expression
Band: An architectural element on buildings that acts as an upper termination for the storefront frontage.
Horizontal Expression Lines extend the entire width of the building facade above a storefront and may contain
signs. Synonymous with Sign Band.
Illuminated Sign: A sign that is illuminated by an internal or external light fixture.
Internally Illuminated Sign: A sign that is illuminated by an internal light fixture.
Impervious Surface: Any hard surfaced, man-made area that does not readily absorb or retain water including but
not limited to building roofs, parking and driveway areas, sidewalks and streets.
Large Multi-plex Building Type: A Building Type that is a medium- to large-sized structure that consists of 7 or more
side-by-side and/or stacked dwelling units, typically with one shared entry. This Type is appropriately scaled to fit
in medium-density neighborhoods and enables well-designed higher densities. It is an essential Building Type for
providing a broad choice of housing types and promoting walkability. This Building Type is most closely related to
apartment buildings or loft condominiums.
Lightwell: A component of the lightwell frontage that is recessed below the adjacent grade in order to provide a
landing and access to the basement from the sidewalk. Typically used in association with a terrace. Refer to
Terrace definition.
Lightwell Frontage: A frontage option where the facade of the building that faces the front and/or side streets is
setback a small distance from the front and side streets, typically within a build-to-zone. This frontage has a
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combined elevated terrace and sunken lightwell between the building wall and property line. This frontage type
buffers residential, retail, and service uses from urban sidewalks and removes the private yard from public
encroachment.
Liner Building: A specialized building that is designed to conceal a parking structure or parking lot. The liner
building may be an independent building or may be physically attached to a parking structure so that parking may
be accessed directly from floor to floor between the building and structure.
Live/Work Building Type: A Building Type that is a small- to medium-sized attached structure that consists of one
dwelling unit above and/or behind a flexible ground floor space that can be used for residential, service, or retail
uses. Both the ground floor space and the dwelling unit are owned by one entity. This Type is especially
appropriate for incubating retail and service uses and allowing neighborhood retail to expand as the market
demands.
Lot Coverage: The percentage of the lot that is taken up by buildings.
Mandatory: Refer to required.
Massing: The scale and proportions of a building or object.
Median Furnishing and Tree Zone: An element of the Public Realm Type Standards that represents the area of the
right-of-way that is dedicated to accommodating street trees, planters, and street lighting, in between vehicular
traffic in the middle of the thoroughfare vehicular zones. (This element is specific to boulevards.)
Mixed-Use Building Type: A Building Type that is a medium- to large-sized typically attached structure. It is
intended to provide a vertical mix of uses with ground floor retail or service uses and upper floor service or
residential uses. This Type makes up the primary component of a main street and downtown, and is a Building
Type that can provide street vibrancy and enhanced walkability.
Multi-plex, Large: Refer to Large Multi-plex Building Type.
Multi-plex, Small: Refer to Small Multi-plex Building Type.
New Development: Development occurring on a vacant parcel of land.
Nonconforming sign:
1. A sign that is prohibited under the terms of this Article, but was erected lawfully and was in use on the date
of enactment of this Article, or amendment thereto; or
2. A sign that does not conform to the requirements of this Article, but for which a variance has been granted.
On-street Parking Zone: An element of the Public Realm Type Standards that represents the area of the right-of-
way that is dedicated to accommodating on-street automobile parking. It is the zone that typically separates and
protects people from traffic.
Optional: A feature or element that is not required, but may be provided on the project at the applicant’s
discretion.
Outdoor Seating: Patio, terrace, walkway, sidewalk, lawn or garden or any other place (which is not enclosed)
where seating is permitted, usually in association with a restaurant, bar or other related commercial uses.
Parapet: A part of the facade that extends above the roof, typically located on flat roof buildings. Parapet heights
are measured from the roof line.
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Parkway: The landscaped area between the sidewalk and the curb in a thoroughfare assembly. Located within the
Sidewalk Furnishing Zone of the Public Realm. Synonymous with Planting Strip and is also sometimes referred to
as a terrace in Muskegon.
Pilaster: A decorative or structural column that is attached to the facade of a building. Pilasters may be round, in
which case they are detailed exactly like a free-standing column. Square or rectangular pilasters may be detailed
in a simpler manner and sometimes are a wall projection (common in masonry buildings).
Porch: A slightly elevated partially enclosed area attached to a building and covered with a roof. A porch is
typically wide and deep enough to accommodate some seating.
Porch, Engaged: A porch that has two adjacent sides that are engaged to the building (connected to and enclosed
by building walls) while the other two sides are open. Steps from the porch may be on the front or side of the porch
and shall lead directly to the sidewalk. Refer to Engaged Porch Frontage.
Porch, Projecting: A porch that is open on three sides and all habitable space of the building is located behind the
rear edge of the porch. The porch is elevated above the sidewalk. Steps from the porch may be on the front or side
of the porch and shall lead directly to the sidewalk. Refer to Projecting Porch Frontage.
Projecting Porch Frontage: A frontage option where the facade of the building that faces the front and/or side
streets is setback a medium distance from the front and side streets, typically within a build-to-zone. The resulting
yard is typically small and can be defined by a fence or hedge to spatially maintain the street edge. The projecting
porch is open on three sides and all habitable space of the building is located behind the rear edge of the porch.
The porch is elevated above the sidewalk. Steps from the porch may be on the front or side of the porch and shall
lead directly to the sidewalk.
Projecting Sign: A double faced sign that is attached to the face of a building and projects from the wall of the
building at a ninety (90) degree angle. Projecting signs may include logos or creative art and graphics as part of the
sign composition and may be fabricated of wood, metal, fabric, or other durable material.
Protected Bike Lane: Refer to Bike Lane, Protected.
Public Realm: The area between the facade of a building and the corresponding facade of the building across the
street, typically defined by the rights-of-way lines of the roadway or street.
Research and Development: The innovation, introduction and improvement of products and procedures. A series
of investigative activities to improve existing products and procedures or to lead to the development of new
products and procedures. This excludes animal testing and uses that would cause a nuisance due to noise or
odor.
Public Realm Type Standard: Public Realm Type Standards describe the space within the public realm, between
the rights-of-way lines. The standards include the sidewalk, parkway, furnishing zones, curbs, parking lanes, bike
lanes, and automobile travel lanes of streets. The Standards are divided into zones with specific attributes for
each Public Realm type. Refer to Section 2007.
Rake board: The trim board along the sloping edge of a gable roof.
Rear alley: A dedicated right-of-way or easement providing access for service and parking at the rear of a parcel.
Not intended for general traffic circulation.
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Retail Building Type: A Building Type that is a medium- to large-sized typically attached structure. It is intended to
provide a single story building with ground floor retail or service uses. This Type makes up the secondary
component of a main street and is a Building Type that can provide street vibrancy and enhanced walkability.
Required: An element or feature that is required to be provided on the project. Synonymous with Mandatory.
Right-of-Way (ROW): An area owned or maintained by a local, county, state or federal entity, a public utility, a
railroad or a private concern for the placement of utilities or facilities for the passage of vehicles or pedestrians,
including roads, streets, pedestrian walkways, utilities or railroads.
Right-of-Way Line: A line that forms the boundary of the right-of-way.
Roof Line: The top of a flat roof adjacent to the required parapet. Used for measuring the height of the parapet.
Roof Surface: The average height of the roof surface surrounding adjacent elevators and stair enclosures that
extend above the roof of a building. Used for measuring the height of elevators and stair enclosures.
Rowhouse Building Type: A Building Type that is a small- to medium-sized attached structure that consists of 2 to
8 rowhouses placed side-by-side. This Type is typically located within medium-density neighborhoods or in a
location that transitions from single-family to mixed-use. This Type enables well-designed higher densities. It is an
essential Building Type for providing a broad choice of housing types and promoting walkability.
Scale: Refers to the size of the building, street fixture, sign or other built or constructed element.
Secondary Wing: A portion of the Small Multi-Plex building that is subservient to the main building in site
placement, size, mass, scale and sometimes height. The secondary wing is attached to the main building and in
the rear of the site, typically along the secondary street.
Setback: The minimum horizontal distance required by this Form Based Code, measured from the front, side, or
rear lot line as applicable, to govern the location of buildings, structures or uses on the lot.
Sharrow: A shared lane marking within a vehicle travel lane of a street’s surface that indicates that bicyclists may
use any portion of the full width of the travel lane.
Side Street: The property lines of a parcel that are along aAny street other than the street of address for the parcel
or building. Refer also to front street.
Sidewalk Furnishing and Tree Zone: An element of the Public Realm Type Standards that represents the area of the
right-of-way that is dedicated to accommodating street trees, planters, street lighting, sidewalk signs, seating,
public art, transit amenities, and green infrastructure.
Sidewalk Sign: A temporary and portable sign that is not permanently affixed to a structure or ground and is placed
on the sidewalk in front of a business during normal business hours. Synonymous with Sandwich Board Sign.
Sidewalk Walking Zone: An element of the Public Realm Type Standards that represents the area dedicated
exclusively to pedestrian activity and travel.
Sign Band: An architectural element on buildings that acts as a horizontal upper termination for the Storefront
Private Frontage. Sign Bands extend the entire width of the building facade above a storefront and may contain
signs. Synonymous with Horizontal Expression Band.
Sign Band Sign: A sign that is painted on, incorporated in, or attached directly to the sign band or horizontal
expression band above a storefront window or transom on buildings types with the following frontages: Storefront,
Balcony, or Drive-through.
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Site Placement: The placement or location of a building footprint on a lot or parcel.
Small Multi-plex Building Type: A Building Type is a medium-sized structure that consists of 3 to 6 side-by-side
and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This Type has
the appearance of a large single-family house and is appropriately scaled to fit in single family neighborhoods. This
Type enables well-designed higher densities. It is an essential Building Type for providing a broad choice of
housing types and promoting walkability. This Building Type is most closely related to small apartment buildings.
Street of Address: The street that has the address of the building, lot, or parcel. Synonymous with Front Street.
Stoop: A slightly elevated unenclosed area attached to a building and corresponding to a door. A stoop is always
covered with a roof, except in instances where it is used as a frontage on the Rowhouse and Detached House
Building Types, where it may be used without a roof.
Stoop Frontage: A frontage option where the facade of the building that faces the front and/or side streets is
setback a small distance from the front and side streets, typically within a build-to-zone. The stoop is elevated
above the sidewalk. Steps or a ramp from the stoop may lead directly to the sidewalk or may be side-loaded.
Storefront Frontage: A frontage option at the ground level floor of a bBuilding Type along the front and/or side
streets. It is typically associated with retail and mixed-use buildings. The storefront shall be designed in a way that
promotes an attractive and convenient shopping experience and a transparent wall along the sidewalk.
Storefronts are at grade with the sidewalk and are sometimes shaded by awnings.
Storefront Base: The knee wall located at the sidewalk that the storefront window sits on. Sometimes referred to
as a bulkhead wall.
Story: The distance between any two adjacent floors or floor lines, measured as the distance between the finished
floor and related finished ceiling in feet and inches. Actual story heights are regulated by Building Type (Section
2006). Number of stories are regulated by Context Area (Section 2005).
Structural Soil: Part of street tree planting requirements in Public Realm Standards (Section 2007). Structural Soil
is a designed medium that can be compacted to pavement design and installation requirements while permitting
root growth. It is a mixture of gap-graded gravels (made of crushed stone), clay loam, and a hydrogel stabilizing
agent to keep the mixture from separating. It provides an integrated, root penetrable, high strength pavement
system that shifts design away from individual tree pits.
Terrace: A component of the lightwell frontage that is elevated above the adjacent grade in order to provide a
landing and access to the first floor from the sidewalk. Typically used in association with a lightwell. Refer to
Lightwell definition. Note that the term Terrace is also associated with its own frontage type (refer to definition for
Terrace Frontage). The term terrace is also used in the City of Muskegon to reference the landscaped area between
the sidewalk and curb along a street. The Muskegon Form Based Code refers to this area as either a parkway or as
the Sidewalk Furnishing and Tree Zone in the Public Realm Standards.
Terrace Frontage: A frontage option where the facade of the building that faces the front street is set back from the
right-of-way line to accommodate an elevated terrace. The terrace provides circulation along the facade. This
Frontage Type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to
the terrace are necessary to avoid dead walls and maximize access. This frontage may also be used in historic
industrial areas to mimic historic loading docks. This frontage type is conditionally permitted to be used when
buildings are along a sloped grade that limits at grade access. When the frontage is used on Mixed-Use Building
Types and Retail Building Types, it is required to have a storefront.
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SECTION 2010 FORM BASED CODE DEFINITIONS
Terrace Leading Edge: The street side (side closest to street) of the Terrace Frontage wall on Mixed-Use and Retail
Building Types. This side of the wall is required to be placed at the property line (build-to-line).
Thoroughfare: An element of the Public Realm Type Standards that represents the area of the right-of-way that is
dedicated to vehicular movement.
Transom: A small horizontal window located above the storefront and entry door to allow light or air into the retail
building.
Transparency: The ability to see through with clarity. An opening in a building wall allowing light and views between
interior and exterior through the use of clear glass. Only clear or lightly tinted glass in windows, doors and display
windows is considered clear;. Heavily tinted glass or reflective glass shall not be considered clearrefer to Clear
Glass. Interior display shelves and merchandise are not allowed to obstruct views into or out of any windows,
doors, or display areas that are considered part of the transparency calculation. Windows, doors, and display
areas provide clear views into and out of the building. Transparency is integral to the relationship of buildings and
the street because of the permeable edge and dialogue that it creates between the interior and exterior of
buildings. Refer to Glass, Clear.
Tree Pit, Traditional: In an urban context, the space in the ground where a tree is planted. Traditionally, tree pits are
5 foot square or less and covered by tree grate (or more recently a permeable surface surrounding the tree). Best
practices for the long term growth and sustainability of the urban street tree is to include an expanded tree pit as
part of the planting strategy.
Tree Pit, Expanded: An expanded pit, or shared rooting space for urban plantings may be achieved by linking
individual pits with a corridor at least 18” deep and 4’ wide of suitable soil blended into the site soil to avoid
boundaries of soil discontinuity. The principle behind the expanded tree pit is to approximate the growing
conditions in which a tree species has evolved. The more closely those conditions can be achieved, the better a
tree will survive and express its genetic potential. Expanded tree pits are typically sub-surface (with only a
traditional tree pit and tree visible at the sidewalk). Expanded tree pits may be above surface in the form of raised
planters in less urban intense areas.
Vehicle Travel Zone: An element of the Public Realm Type Standards that represents the area of the right-of-way
that is dedicated to vehicular (automobiles, transit, and/or freight).
Vertically proportioned: Typically referring to the orientation of building windows, where the height of the window
is taller than the width of the window.
Wall Sign: A sign that is painted on, incorporated in, or attached directly to a building wall, with the exposed face of
the sign in place parallel to the building wall.
Waterfront Edge Public Realm Type Standard: The dedicated public space (either as defined by a right-of-way or
easement) between the lakeshore and area of the lot or parcel that can accommodate a building. The Waterfront
Edge acts as a connector for pedestrians and bikes, and as a public space for commercial, residential, and
recreational activity. The space is urban in character with fronts of buildings and active frontages facing the
waterfront.
Window Sign: Window Signs are any sign, picture, symbol or combination thereof that is designed to communicate
information about activity, business, commodity, event, sale, or service that is placed on the interior of the
window and which is intended to be seen by the public from the outside. Window signs include neon tube signs
that indicate “open” for business and other neon tube signs as indicated in this subsection.
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SECTION 2010 FORM BASED CODE DEFINITIONS
Yard: The space on a lot which is unoccupied by buildings and unobstructed from the ground to the sky.
138
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section XX of the zoning ordinance to amend multiple sections of the Form Based
Code.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 415 of 551
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 May 2026, 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: ___________________, 2026. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 416 of 551
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 12, 2026, the City Commission of the City of Muskegon adopted
an ordinance to amend Section XX of the zoning ordinance to amend several sections of the Form
Based Code.
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 ____________________, 2026. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 417 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Equipment Division: 2026 Ford Explorer Fire
Department
Submitted by: Dawson Romanosky, DPW Department: Public Works
Equipment Supervisor
Brief Summary:
Staff is requesting to purchase a 2026 Ford Explorer from Gorno Ford for $46,610 to replace an existing
vehicle in the Fire Department.
Detailed Summary & Background:
The Equipment division would like to purchase a 2026 Ford Explorer from Gorno Ford through the MI-
Deal program for $46,610. The current vehicle being used is a retired police vehicle that is 10 years
old. An updated version would reduce maintenance costs, increase fuel economy, and ensure
reliable transportation for first responders. This vehicle will be red so it will represent our Fire
Department well. Hybrid or electric versions of this vehicle are not readily available. Gorno Ford is a
MI-Deal vendor. MI-Deal is a statewide voluntary purchasing program that allows local governments
to use state bid contracts.
Goal/Action Item:
2027 Goal 4: Financial Infrastructure
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$46,610 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
661-563-977 Yes No x N/A
Recommended Motion:
I move to authorize the purchase of a 2026 Ford Explorer from Gorno Ford for the amount of $46,610.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Purchasing Policy
Head
Information
Page 418 of 551
Technology
Other Division Heads
Communication
Legal Review
Page 419 of 551
Preview Order F100 - K8K - ST Line 4WD : Order Summary Time of Preview: 04/29/2026 11:11:48 Receipt: NA
Dealership Name : Gorno Bros Inc Sales Code : F48022
Dealer Rep. patrick southward Type Fleet Vehicle Line Explorer Order Code F100
Customer Name MUSKEGON Price Level 645
Priority Code G3 Model Year 2026
DESCRIPTION DESCRIPTION
K8K0 EXPLORER ST-LINE 4WD .P275/45R21 A/S BSW TIRES
.119 INCH WHEELBASE .PERFORMANCE BRAKES
TOTAL BASE VEHICLE .21" ALUMINUM WHEELS
RAPID RED MET TINTED CC INFLATOR KIT-DELETE SPARE TIRE
CLOTH INSERTS FORD CONNECTIVITY -1YR TRIAL
ONYX INTERIOR SPECIAL DEALER ACCOUNT ADJUSTM
EQUIPMENT GROUP 300A SPECIAL FLEET ACCOUNT CREDIT
.2.3L ECOBOOST I-4 ENGINE FUEL CHARGE
.10-SPEED AUTO TRANSMISSION NET INVOICE FLEET OPTION (B4A)
JOB #2 ORDER PRICED DORA
FORD FLEET SPECIAL ADJUSTMENT ADVERTISING ASSESSMENT
ST-LINE STREET PACK DESTINATION & DELIVERY
TOTAL BASE AND OPTIONS
MI Deal # MA240000001193
DISCOUNTS
MI Deal Price Delivered $46,610.00
TOTAL
This order has not been submitted to the order bank.
This is not an invoice.
Page 420 of 551
Page 421 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Steele Middle School Purchase and
Development Agreement
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Staff is requesting that the City of Muskegon be made party to the Steele Middle School
Redevelopment Agreement to ensure compliance
Detailed Summary & Background:
For several months, staff has been working with the City Attorney as well as representatives from
Muskegon Public Schools and the Q9 Development Group, LLC in order to ensure that the neighbors
in Steele neighborhood are secured in any redevelopment agreement. Namely, staff wanted to
ensure that in the event of non-performance of the proposed redevelopment that the city of
Muskegon could quickly gain site control of the project. This is in order to avoid the school site sitting
vacant and deteriorating for several years which leads to a more difficult prospect of eventual
investment.
The attached agreement essentially splits the Steele Middle School site into two halves, with the
vacant land comprising the football field and some of the parking immediately deeded to Q9 for
single-family housing redevelopment. The half that is made up of the school building and the
remaining parking will be conveyed to the City of Muskegon, with Q9 being granted the exclusive
option to purchase, as long as they hit certain development milestones on the housing phase of the
project. Specifically, Q9 must complete the housing component within 5 years after closing or make
sufficient progress, defined as 80% of the housing having a certificate of occupancy. There is also a
milestone at 2 years, which requires the developer to have invested at least 3 million dollars of hard
costs into the housing phase of the project.
At that point, the City will deed the property to Q9, and they will have 5 years to complete or make
substantial progress to the planned community fitness facility that is planned for the Steele Middle
School building site. They again have a 2 year milestone after closing on the building to invest 4
million dollars into the project. If at any point they fail to meet milestones, the school building could
revert to the City so we can responsibly pursue redevelopment or demolition.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Page 422 of 551
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:
Motion to approve the Purchase and Development Agreement as presented, and to authorize the
Mayor and Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 423 of 551
REAL ESTATE PURCHASE AGREEMENT STEELE VACANT LAND
Muskegon Public Schools, a Michigan general powers school district operating pursuant to the
Michigan Revised School Code, MCL 380.1, et seq., whose address is 1458 5th Street, Muskegon,
, The Q9 LLC, a Michigan limited liability company, whose address
is 701 Orchard Avenue, Muskegon, Michigan 49441 , and the City of Muskegon, a
Michigan home rule city, whose address is 933 Terrace Street, Muskegon, Michigan 49440
.
Background
A. Seller owns real property located in the City of Muskegon, County of Muskegon,
State of Michigan, and commonly known as 1150 Amity Avenue, Muskegon, Michigan 49442,
Parcel No. 64-24-121-300-0086- Parent Parcel
B. Buyer desires to acquire the Parent Parcel to construct a campus on the Parent
Parcel as depicted and described in the May 2024 packet presented by Buyer to Seller and the City
which packet is attached as Attachment 1,
specifically
.
C. The Seller and the City have an interest in ensuring that the Construction Plans are
completed substantially as described and depicted in the Construction Plans and in a timely
manner.
D. The Seller, Buyer, and City determined that the Parent Parcel portion to the left of
the red line in Attachment 2 Parent
Parcel portion with
the Buyer having an exclusive option to purchase the Building Property from the City, as
further discussed below.
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale of Property.
interest in the Vacant Property, subject to all matters of record. The parties acknowledge and agree
that any structures and land on the Vacant Property are vacant.
2. Purchase Price and Manner of Payment. The purchase price for the Vacant
to Seller at Closing in cash or other
immediately available funds. Seller and Buyer expressly acknowledge that the consideration in
this Agreement is full and fair value. Within five (5) business days after the Effective Date, Buyer
shall notify Seller of the Title Company selected by Buyer for the Vacant Property transaction and
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which shall be applied to the Purchase Price if Closing occurs or which will be retained by the
Seller if Closing does not occur, subject to other Agreement Sections.
Earnest Money Deposit shall survive any Agreement termination.
3. Property Usage After Closing. After Closing, Buyer shall ensure that:
The Sport Complex constructed on the Building Property by Buyer (see Construction Plans) is
available for use by each Seller Athletic Department Coach team for 4 hours per month, as
mutually scheduled during reasonable hours by the respective Athletic Department Coach and
Buyer or designee, during the ten (10) years immediately after the date that the Sport Complex
is opened to the community. For the avoidance of doubt, the 4 hours per month per team is
nontransferable and if not used for a given month, shall be waived. Athletic Department Coach
shall be defined as a coach at any school operated by the Seller, not to exceed a total of twenty-
four (24) teams across all schools.
For at least ten percent (10%) of the Vacant Property housing development, the development
will (1)
specifically students who are exploring the opportunities of builder trades with firsthand
experience, or (2) include job shadowing or a similar experience for students in the Seller
Innovation Academy of Industry, Technology and Design. Buyer shall not be required to obtain
any accreditation or insurance for purposes of this paragraph.
This Section 3 shall survive Closing.
4. Title Insurance.
Vacant
that order a copy of the vesting deed and each recorded exception document. Buyer shall provide
Seller with a copy of the Title Commitment within 5 days after Buy
Commitment, and Buyer shall provide Seller with a copy of any updated title commitment within
a copy of the vesting deed and each r
documents. In the event the reservations, restrictions, or easements of record disclosed by the
original Title Commitment are, in the sole discretion of Buyer, deemed unacceptable, Buyer shall
original Title Commitment. Buyer shall also
notify Seller of any Title Defects appearing in an updated title commitment but not in the original
Seller shall have fourteen (14) days from the date Seller is notified in writing of such Title Defects
in the original title commitment or the updated title commitment to remedy such Title Defects to
the purchase and
acquire the Vacant Property subject to the Title Defects, or (ii) terminate this Agreement by written
notice to Seller, in which case neither party shall have any further obligations under this Agreement
except as provided herein and Buyer shall be entitled to a full refund of its Earnest Money Deposit.
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Page 425 of 551
5. Survey. Seller shall provide Buyer with any existing surveys of the Parent Parcel
that are readily available to Seller. Prior to the expiration of the Inspection Period, Buyer may, at
Parent Parcel or any part thereof, and Buyer or
Parent Parcel for that purpose. If a survey by a
registered land surveyor discloses a material encroachment or substantial variation from the
presumed Vacant Property land boundaries or area, Buyer will notify Seller of such encroachment
or variation, and Seller shall have the option of effecting a remedy within fourteen (14) days after
disclosure. If Seller elects not to remedy the encroachments or variations prior to Closing or
otherwise fails to make any election within such 14-day period, Buyer may either (i) proceed with
the purchase and acquire the Vacant Property subject to said encroachments or variations or (ii)
terminate this Agreement by written notice to Seller, in which case neither party shall have any
further obligations under this Agreement except as provided herein and Buyer shall be entitled to
a full refund of its Earnest Money Deposit.
6. Land Division. The parties acknowledge that the Vacant Property is currently part
of the Parent Parcel and that a land division will need to be completed before Closing to separate
the Vacant Property from the Parent Parcel. The parties will cooperate during the land division
process. The parties acknowledge and agree that this Agreement is conditioned on the land division
being granted to the satisfaction of the Seller, City, and the Buyer before the time of Closing. If
the land division is not approved to satisfaction before the
time of Closing, then either the Seller or Buyer may terminate this Agreement by providing a
termination notice to the other parties. Buyer understands that the land division process may
require a survey, and the Buyer shall be responsible for the cost of that survey.
7. Inspection. The period commencing on the Effective Date and expiring one
Period.
inspections, reviews, investigations, assessments, and other due diligence with respect to the
Parent Parcel Vacant Property
and Building Property o determine the condition of
the Vacant Property and Building Property and other matters pertaining to the Parent Parcel such
as, without limitation, its environmental status, zoning classification, tax classification, and the
If the Buyer determines that it needs
more time for Inspections, or for any other due diligence purpose reasonably related to its
evaluation of the Parent Parcel then Buyer may extend the Inspection Period one time by up to an
additional one hundred and eighty days (180). To extend the Inspection Period, the Buyer shall
deliver to Seller a written notice at least five (5) calendar days prior to the expiration of the
Inspection Period, identifying the extension length. If during the Inspection Period or any
extension thereof Buyer determines that it does not desire to consummate the transaction
contemplated by this Agreement based on Inspection results, then Buyer may terminate this
Agreement by delivering written notice of termination to Seller within five (5) days after expiration
of the Inspection Period or any extension thereof, and neither party will have any further obligation
to the other under this Agreement, except for those duties and obligations herein that expressly
survive termination. Seller shall grant Buyer and its representatives reasonable access to the Parent
Parcel including all structures and systems, during the Inspection Period and any extension thereof.
Seller shall also provide all readily available records, permits, and reports regarding the Parent
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Page 426 of 551
Parcel Notwithstanding anything to the contrary in this Agreement,
Buyer shall not conduct or cause to be conducted a Phase II environmental site assessment of the
Parent Parcel or any part thereof (including the Vacant Property) without
consent, which shall not be unreasonably withheld.
Buyer shall indemnify, defend, and hold Seller harmless from any and all claims, losses,
disbursements), and liabilities which may arise due to actions taken by Buyer or a Buyer employee,
agent, or contractor on the Parent Parcel prior to the Closing, including surveys, inspections,
shall survive any Agreement termination.
8. Property Taxes; Assessments. Buyer shall be responsible for all Vacant Property
taxes and special assessments after Closing.
9. Deed and Option to Purchase. At Closing, Seller shall convey title to the Vacant
Property to Buyer by a covenant deed, substantially in the form as Attachment 3
Buyer represents to Seller that it is purchasing the Vacant Property and plans to acquire the
Building Property through the option to purchase described below to construct a campus on the
Parent Parcel as depicted and described in the Construction Plans. If Buyer acquires title to the
Vacant Property, and Buyer completes Vacant Property construction substantially as reflected in
, generally consistent with the
Construction Plans, within five (5) years after Closing or the Buyer has taken sufficient steps to
complete Vacant Property construction substantially as reflected in the approved site plan within
those five (5) years, then Buyer shall have the Option to Purchase the Building Parcel. During the
five (5) year period after Closing, Buyer shall be deemed to have substantially completed the
construction if the Vacant Property if Buyer has obtained or applied for a certificate of occupancy
for each eighty percent (80%) of the single family homes to be located on the Vacant Property.
Buyer shall be deemed to be taking sufficient steps to complete the site plan if within two (2) years
after Closing, the Buyer invests at least $3 million into the Vacant Property in hard construction
costs toward completing Vacant Property construction as reflected in the approved site plan (i.e.,
toward the housing phase of the Parent Parcel campus). Seller or the City may request Buyer to
provide documentation substantiating such invested hard construction costs, and Buyer shall
provide such documentation to the requesting party within 10 days after any such request.
Contemporaneously with the signing of this Agreement, each party shall sign the real estate
purchase agreement in Attachment 4, pursuant to which (1) Seller plans to transfer the Building
Property to the City, and (2) the City shall grant the Buyer the exclusive option to purchase the
Building Property if the City acquires the Building Property.
If Buyer acquires title to the Building Property, and Buyer completes the Building Property
construction substantially as reflected in
within five (5) years after Buyer acquires Building Property title or Buyer takes sufficient steps to
complete Building Property construction substantially as reflected in the approved site plan within
those five (5) years, then Seller and/or City may no longer seek legal recourse to compel the Buyer
Page 4 of 9
Page 427 of 551
to timely complete Building Property construction substantially as reflected in the approved site
plan. However, in the event the Buyer fails, refuses, or is unable to complete sufficient steps or
substantial completion as described above,
unsuccessful, title to the Building Property shall revert to the City. Buyer shall be deemed to have
substantially completed the construction if the Building Property if Buyer has completed eighty
percent (80%) of the site plan requirements on the Building Property. During the five (5) year
period after Buyer obtains Building Property title, Buyer shall be deemed to be taking sufficient
steps to complete the approved site plan if within two (2) years after obtaining Building Property
title Buyer invests at least $4 million into the Building Property in hard construction costs toward
completing Building Property construction as reflected in the approved site plan. Seller or City
may request Buyer to provide documentation substantiating such invested hard construction costs,
and Buyer shall provide such documentation to the requesting party within 10 days after any such
request.
Notwithstanding anything to the contrary in this Agreement, after any conveyance by the
Seller, any portion of the Parent Parcel may be used for any lawful educational purpose. That said,
to the extent permitted by law, no portion of the Parent Parcel shall be used for any school purpose
that is in direct competition with the Seller for students.
assigns.
10. Closing.
location as mutually agreed by the parties, but in no event later than thirty (30) days after the
expiration of the Inspection Period. If Closing does not occur by that date, then this Agreement
shall terminate unless the parties agree in writing to extend the Closing date.
11. Closing Costs. The following costs associated with this Agreement and the Closing
amount
required by law; (iii) Buyer shall pay the costs of recording the Deed; and (iv) Buyer shall pay any
fees charged by the Title Company to facilitate this transaction. If the Register of Deeds rejects
the Deed for recording, then the Buyer and Seller shall promptly and in good faith work together
to prepare an alternate deed that is satisfactory to the Register of Deeds for recording, an obligation
which shall survive Closing.
12. Closing Deliveries. At Closing, Seller shall execute and deliver the Deed
Vacant Property, subject to all matters of record, and Buyer
shall deliver the Purchase Price pursuant to Section 2 above. The parties shall execute and deliver
such other documents reasonably required to close the transaction. Seller shall deliver possession
of the Vacant Property to Buyer at Closing.
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13. Representations and Warranties. Seller represents and warrants to Buyer that to
3 are true and correct as of the
Effective Date and also at the time of Closing. Seller shall have an affirmative duty to notify Buyer
of any changes in these representations and warranties before Closing. For purposes of this
Buyer acknowledges that any liability for an untrue or incorrect statement made by the
Superintendent will be attributed to the Seller and the Buyer shall not pursue any legal recourse
against t
is no pending litigation affecting the Vacant Property or
Vacant Property; there are no unrecorded interests of any person(s) or
entity(ies) in and to the Vacant Property; the Vacant Property is not subject to any oral or written
rental, leasing, contract, or other arrangement that would limit or restrict the use of the Vacant
Property; Seller has not received any notice of, and has no knowledge of, existing violations on
the Vacant Property or any portion thereof of any zoning, building, fire, health, pollution,
environmental protection, hazardous substance or waste disposal law or ordinance; and there are
no pending legal disputes, liens, environmental violations, or municipal code violations affecting
the Vacant Property.
Each party hereby represents and warrants to other parties that the representing party has
full power and authority to enter into this Agreement and other related documents and to
consummate the transaction contemplated by this Agreement. Each party duly executed and
delivered this Agreement as its lawful, valid, and legally binding obligation, and this Agreement
is enforceable in accordance with its terms. No party to this Agreement is a party to any contract,
settlement, judicial order, or other agreement of any kind that would prohibit or otherwise restrict
its ability to consummate the transaction contemplated by this Agreement.
14. Condition of Property. Buyer acknowledges and agrees that: (1) Buyer is familiar
with the Vacant Property and its condition and has had adequate opportunity to inspect the Vacant
Property and therefore agrees accept the Vacant Property in its AS-IS condition, (2) Buyer
acknowledges that any structures on the Vacant Property are in a state of disrepair and contain
asbestos, and (3) except as to title, the Seller expressly disclaims any and all warranties of any kind
with regard to the Vacant Property. Buyer shall be liable for any environmental conditions caused
by Buyer prior to Closing; Seller may be liable under federal or State law for any environmental
conditions that existed on the Vacant Property prior to Closing. This paragraph shall survive
Closing.
15. Real Estate Commission. The parties acknowledge and agree that no agent,
broker, salesperson, or other party is entitled to a real estate commission upon the Closing of this
sale. Buyer agrees to indemnify and hold harmless the Seller from any liability, including
reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real
estate commission arising from actions taken by the Buyer. This paragraph shall survive Closing.
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16. Notice. All notices, approvals, consents and other communications required under
this Agreement shall be in writing and shall be: (i) delivered in person; (ii) sent by email; or (iii)
sent by a nationally-recognized receipted overnight delivery service with delivery fees prepaid or
certified mail return receipt requested. The notice shall be effective immediately upon personal
delivery or upon transmission of the email
junk folder, then the notice shall be effective upon the recipient discovering the email; and one day
after depositing with a nationally recognized overnight delivery service or mailing for certified
mail notices. Notices shall be sent to the parties as follows:
To Seller: Muskegon Public Schools To Buyer: The Q9 LLC
Attn: Superintendent Attn: Rashard Thrower
1458 5th St 701 Orchard Avenue
Muskegon, MI 49441 Muskegon, MI 49442
Email: [email protected] Email: [email protected]
With copy to: Thrun Law With copy to: Hamilton Law
Attn: Piotr Matusiak Attn: Ryan A. Wujcik
2900 West Road Suite 400 3431 Oakland Drive
East Lansing, MI 48823 Kalamazoo, MI 49008
Email: [email protected] Email: [email protected]
To City: City of Muskegon
Attn: Jake Eckholm
933 Terrace Street
Muskegon, Michigan 49440
[email protected]
With copy to: Brennen Gorman
601 Terrace Street
Muskegon, MI 49440
Email: [email protected]
17. Review by Legal Counsel. Each party acknowledges that it had an adequate
opportunity to seek advice from independent legal counsel with respect to its rights, the execution
of this Agreement, and the consummation of the transaction contemplated by this Agreement.
18. Personal Property. Any personal property which Seller does not remove from the
Vacant Property before Closing shall be transferred to Buyer with the Vacant Property at Closing
through a bill of sale signed at Closing.
19. Dispute Resolution. Any dispute arising from this Agreement shall first be subject
to facilitated mediation. Any party may request mediation, and each party shall ensure mediation
occurs within 60 days of the mediation request or as soon as possible thereafter, but in no event
later than 90 days after the mediation request. Any party may pursue litigation after two (2) full
days of mediation.
Page 7 of 9
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20. Miscellaneous. This Agreement is executed in accordance with, shall be governed
by, and construed and interpreted in accordance with the laws of the State of Michigan. This
Agreement and its attachments shall constitute the entire agreement, and shall supersede any other
agreements, written or oral, that may have been made or entered into, by and between the parties
with respect to the subject matter of this Agreement and its attachments and shall not be modified
or amended except in a subsequent writing signed by the Buyer, Seller, and City.
This Agreement shall inure to the benefit of and be binding upon the parties and their
respective successors and assigns. A party shall not assign this Agreement in whole or in part
without the prior written consent of the other parties.
The failure of a party to enforce any covenant or condition of this Agreement shall not be
deemed a waiver of that covenant or condition or of the right of a party to enforce any other
covenant or condition of this Agreement. No provision of this Agreement shall be deemed to have
been waived unless such waiver is in writing and signed by the waiving party.
The headings used in this Agreement are for convenience of the parties only and shall not
be considered in interpreting the meaning of any provision of this Agreement. This Agreement
may be executed in one or more counterparts, including facsimile copies, each of which shall be
deemed an original, but all of which shall together constitute one and the same instrument.
This Agreement shall not be more strictly construed against, nor shall any ambiguities
drafting of this Agreement. This Agreement is not intended to create, and shall not be construed
to create, any rights in any person or entity that is not a party to this Agreement, as a third party
beneficiary or otherwise . If any provision of this Agreement is determined invalid, the remainder
of this Agreement shall remain in effect.
Neither Buyer nor its subcontractors will discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a
matter directly or indirectly related to employment, because of race, color, religion, national origin,
age, sex, sexual orientation, gender identity or expression, disability, height, weight, marital status,
or any other protected characteristic. Breach of this paragraph shall be a material breach of this
Agreement.
The effective date of this Agreement shall be the last date as of which all parties as shown
Page 8 of 9
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SELLER Muskegon Public Schools, a BUYER The Q9 LLC, a Michigan limited
Michigan general powers school district liability company
By: Matthew Cortez By: Rashard Thrower
Its: Superintendent Its: Member
Date: ______________, 2026 Date: ______________, 2026
City of Muskegon, a Michigan home
rule city
By:
___________________________________
Name: Kenneth Johnson
Title: Mayor
Date: ____________________
By:
___________________________________
Name: Ann Meisch
Title: Clerk
Date:_____________________________
Page 9 of 9
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ATTACHMENT 1
CONSTRUCTION PLANS
[Attach]
Page 433 of 551
Campus Plan
Conceptual Drawing
Q9DC +
pg.12 Page 434 of 551
Campus Plan
Existing Condition
Q9DC +
pg.13 Page 435 of 551
Campus Plan
Original Plan
The first step was the consideration of the building to keep or
remove certain parts of the building that are not envisioned in the
future of the D1 Sports Campus. The goal is to keep as much of
the building as possible & retrofit it into a Sports Complex while
still keeping the physical appearance of the old building.
Our first vision for the Big Red Development Plan was to create
an adaptive reuse to include the Community Center, Affordable
Apartments, Indoor Football/Soccer field in the place of the former
auditorium, and expanding the gym to utilize the space more
properly. That also included an indoor track as well.
These plans were later modified due to the communities
disinterest in having low-income apartments in the neighborhood.
The community stated they wanted to see single family housing
consistent with the neighborhood, including having yards.
So, we recalibrated the vision to include multiple things that the
community has proposed. Including a park/playground, a space
for a fire station, a community center, & a possible collaboration
with the YMCA on opportunities to foster more collaborative
efforts to address social/emotional/mental services for kids.
Q9DC +
pg.14 Page 436 of 551
Campus Plan
The Restructured Plan
The Community requested things to be implemented that
mirrors the neighborhood & we’ve restructured our plan to
D1 SPORTS COMPLEX
fit that.
Our second vision for the Big Red Development Plan
recalibrated the space and use of the school & football
field.
The football field was recalibrated to have Madison St. to
connect to Amity, Orchard, & Oak Avenue. Oakgrove St.
would connect with Orchard & Oak Avenue. This provides
us with the opportunity to create 30 new single family
homes with plenty of space for a beautiful yard. Each
space matches the current housing layout of the Steele
District.
On the following pages, we will detail the use of each
section of the Sports Complex & its intended use for the
betterment of the community. The goal is to see which
option structurally is most financially feasible. Meaning,
does it make more sense to retrofit the property or do a
partial demo and rebuild. All options are being considered.
Q9DC +
pg.15 Page 437 of 551
Campus Plan
The Indoor Gym
The Indoor Gym has the capability of being set up as a
200x450' area or at least a 160'x440'.
This opportunity provides us with the capability to use the
space more efficiently. This also provides a new option
unlike anything the City has seen before.
The D1 Sports Complex will help foster youth training &
community engagement with summer & year round sports
camps, tournaments, & a central location to hone the skills
that has been emblematic with the MUSKEGON area.
Muskegon is home to the most winningest football projram
in the state & #7 in the nation. Winning the 2023 Football
Championship and also the 2022 State Basketball Runner
up’s. Muskegon is also home to 2 Mr. Basketball winners,
DeShaun Thrower (My Brother) & Deyonta Davis. Also,
home to Ms. Basketball candidate Alyza Winston &
Mardrieka Cook.
Muskegon with all of its accomplishments has lacked the
proper facilities to hone the raw talent of the Muskegon
youth into a professional sports career. This provides the
opportunity to not only do that but to diversify its offerings.
Expanding into Volleyball, Pickleball, & Futsal would provide
versatile opportunities for the female athletes to hone their
skills as well as our aging population in the Steele &
neighboring districts to participate in physical activities.
Pickleball has become the fastest growing sport in the US &
works in tandem with our aging population.
Q9DC + Source: Youth Sports Discover Kalamazoo feasibility study
pg.16 Page 438 of 551
Campus Plan
The Indoor Football Field
& Fire Station
The Indoor Football field has the capability of being set
up as a 200x450' area as well. While also being connected
to the back half of the building where the Fire station could
be located.
The City of Muskegon has requested that a Fire Station
be placed on campus. We believe this is an amazing idea
for multiple reasons:
A decrease in response times because they can
respond to situations more readily with being centered
in the community. It also provides an additional
revenue source for the building.
Sports Emergencies could be handled more quickly.
Making sure that if there is an cardiovascular issues or
something regarding an emergency, we’re better
suited with them being that close in proximity
The Fire Station could use the field for training. Often
times they have to carry large objects, like the fire
house, axes, and more.
The Community would benefit by having an indoor track
that our aging population could use for cardio. Also, youth
football training, games, tournaments, & more.
Local school usage: Muskegon area schools usually go far
in the state tournament. That’s also during the winter time
where being outside can be daunting. This provides all
Muskegon area schools with the option to use an enclosed
space for practice & preparation.
Q9DC + Source: General Steel 200x450'
pg.17 Page 439 of 551
Campus Plan
The Indoor Workout Area, Playground, &
Community Center
The Indoor Workout area would be directly in front of the
indoor gym, directly above training room. Providing a easy
option to go from working out to the basketball court since
its going to be a 2 floor building. This would be located on
the 2nd floor, directly facing the parking lot. Providing more
options to the public for strength training and more.
The PLAYGROUND is an instrumental part of the
property. The playground will provide more recreational
options for the neighborhood. We specifically put it on the
Campus grounds so the city doesn't have to be directly
responsible for it. But, also leaving it open for community
use. It will more than likely have a gate in front to make
sure there is a barrier between the parking lot & the
playground.
The Community Center will be our GEM on the Campus!
Since we’re removing the cafeteria for more space, we will
repurpose the kitchen appliances to the community center.
That way it can be used for events such as baby showers,
graduations open houses, community forums, political
endeavors & more. We’ll also be partnering in some
capacity with the YMCA to offer programs like
childcare/after-school care, & health related courses for
both mental & physical
Source: Youth Sports Discover Kalamazoo feasibility study
Q9DC +
pg.18 Page 440 of 551
Campus Plan
The Indoor Workout Area, Playground, &
Community Center
The Indoor Soccer field area would be directly next to
the community center, where the auditorium once stood.
This would not only diversify our options to collaborate
with one of the most popular sports in the world, but also
provide a different opportunity and outlook to our youth.
With new professional soccer teams coming to Michigan, it
only makes sense to provide a space for an everchanging
demographic.
The ICERINK would create a new option unseen in the
City. Majority of AAU Hockey in the area is played outside
of our city or downtown at the former LC Walker Arena
Source: Youth Sports Discover Kalamazoo feasibility study
(Now Mercy Arena). This provides a new option for a
consistent use for them & the community. This is a change
that could not only ingratiate our youth into ice-skating, but
also community public skating options, training, & also a
diversification of the youths opportunities in sports.
Q9DC +
pg.19 Page 441 of 551
Campus Plan The Indoor Soccer field area would be directly next to the community center, where the auditorium once
stood. This would not only diversify our options to collaborate with one of the most popular sports in the
world, but also provide a different opportunity and outlook to our youth. With new professional soccer
The Big Red Development Campus teams coming to Michigan, it only makes sense to provide a space for an everchanging demographic.
2.0 The ICERINK would create a new option unseen in the City. Majority of AAU Hockey in the area is played
outside of our city or downtown at the former LC Walker Arena (Now Mercy Arena). This provides a new
The New Housing addition will be a positive option for a consistent use for them & the community. This is a change that could not only ingratiate our
contribution to the housing market. Creating youth into ice-skating, but also community public skating options, training, & also a diversification of the
more single family houses for 1st time home youths opportunities in sports.
buyers & middle market residents.
The Indoor Gym with the attached workout
area will have a direct impact to the wonderful
world of youth sports. While our vision is
audacious, so is being a Big Red. The mentality
that was set is go big or go home, championship
or bust. We pride ourselves on going for it all.
This gym will be emblematic of that mentality.
Fostering a new opportunity for the youth to
grow physically, mentally & emotionally.
The Community Center will assist in fostering a
space of communion. A space where you can
get creative, hold events, display an artist view.
The Community Center can be many things &
with a potential collaboration with the YMCA, the
Q9DC believes we can become a revolving
resource to community.
Q9DC +
pg.20 Page 442 of 551
Part 3 – Proposal Details
I. BIDDER INFORMATION
Name of Bidder: The Q9 Development Company
Year established: 2023
Address: 701 Orchard Avenue, Muskegon MI, 49442
Telephone #: 616-295-0792
Facsimile Number:
Contact Person Email Address: [email protected]
A. Organization:
1. Individual
2. The firm started in 2023 with the aim of constructing new single-family homes,
renovating dilapidated homes, and venturing into commercial development. The
Submitted By: team boasts extensive experience in various aspects of construction, including
Rashard Thrower, CEO of The Q9 Development building, framing, excavating, drywall installation, roofing, and other general
Company contracting work. The expansion into commercial development stemmed from a
CONTACT INFORMATION demand in the West Michigan area, particularly for adaptive re-use projects and
similar endeavors. The commercial construction team has played a pivotal role in
The Big Red Development Campus Plan 2.0 [email protected] the exterior and interior rehabilitation of strip malls in Parchment, contributing to
the enhancement of establishments such as Subway, Dollar Tree, and Save A Lot.
Our team has over a decade of experience in residential and commercial
Muskegon, MI | Request for Proposal development.
3. CEO, Rashard Thrower
CFO, Ashley Forrest
Lead Residential Builder: Isaiah White
Lead Commercial Builder: Greg White
4. Dave Dussendang, Walker, MI, specialty in Residential, Commercial, & Luxury
Custom Home builder. Also, owner of West Urban Properties & Platinum Group
Construction with over 25 years of experience.
Clifford Buck Construction Group out of Muskegon has over 100 years of
experience serving Muskegon in residential and commercial developments. They’ve
also been instrumental with Muskegon Middle School as well.
5 No
. No
6
As the Q9 Development Company was founded in 2023, it is unable to furnish
.
financial statements for the preceding two tax years. Nevertheless, during this
7
.
Page 443 of 551
interim period, we have provided letters of endorsement from key stakeholders, reservations about a partial demo of the building, that hesitancy could also
create a limitation to what could be accomplished in a more feasible way.
including the City of Muskegon, Dave Dussendang, contractors throughout the
We’ve removed the option of the apartments, which would’ve been an
region including Clifford Buck Construction Company Inc., Christman
immediate revenue source in accordance with the community. Our plan is
Construction, and recently approved PACE financing set to commence lending in
to utilize the ENTIRE building and restructure it. But if not, we plan to keep
Muskegon. These letters serve to affirm our credibility and steadfast dedication to the hallway behind the gym that is shown as the Fire station in the PDF. We
the project, notwithstanding the absence of historical financial records. also plan to reuse the workshop hallway that’s closest to Amity Ave.
iv. The development of the 30 new single-family houses and sports complex
II. Project Description
with an indoor basketball, football, soccer, and workout area, along with an
a. Purchase and renovation-reuse-repurpose the Steele building and/or site for the
attached community center, playground, and fire station, will significantly
property at 1050 Amity Ave, at a fair market value, from the district meeting the
benefit the community, neighborhood, city, and county in several ways.
criteria below
Community Engagement and Well-being: The addition of a sports complex
i. The Purchase Price has been included in the bid
with versatile facilities will promote physical activity and healthy living
ii. The BIG RED Development Campus Plan 2.0 will be our promotional
among residents of all ages. The attached community center will serve as a
vehicle for this project. The Plan goes into extensive detail about our overall
hub for social gatherings, educational programs, and events, fostering a
master plan for the site. Beginning with extending the indoor gym’s current
sense of belonging and connection among neighbors.
position, pass the cafeteria, ending at the workshop hallway.
Enhanced Quality of Life: The inclusion of a playground and fire station
adds to the overall livability of the neighborhood, providing essential
The workshop hallway will be the location of the Community Center with
services and recreational opportunities for families. Access to safe outdoor
the plan of retrofitting the kitchen into one of the classrooms. The workout
spaces and emergency services contributes to the well-being and safety of
area will also be an extension of the indoor gym, with the workout room on
residents.
the 2nd floor and below, training rooms and more.
Economic Growth: The construction of new single-family houses
The indoor gym’s extended space and readjustment of the bathrooms will stimulates economic activity by creating jobs in construction, real estate,
and related industries. Additionally, the development attracts new
provide 6-8 basketball courts, 12-16 volleyball courts, and multiple
residents, potentially increasing local spending and supporting small
pickleball courts. The hallway behind the gym facing the parking lot is what
businesses in the area. In Grand Rapids last 2023, they were able to benefit
will be the fire station. The other half of the hallway will be engulfed in the
indoor football field with a sports track. This will go from the split of the from $89 Million dollars of direct economic impart from the Meijer Sports
hallway behind the gym going east to the main office of the school. Facility. This increase travel to the city, use of local hotels, tourism, and
productive youth activity.
The auditorium will be retrofitted to half an indoor soccer field or an indoor Community Infrastructure: The addition of new housing stock helps
ice rink. The gully will still be accessible to the public and we could make address housing needs within the city and county, contributing to the overall
the playground closer, that way to give a more expansive opportunity. stability and growth of the community. Furthermore, the sports complex and
Extending parking towards the back half of the school and going north of the community center serve as vital infrastructure, enriching the area's
main office is an option. amenities and attracting visitors from neighboring areas and abroad.
Public Safety and Resilience: The presence of a fire station within the
The football field will be retrofitted to have 30 new single-family homes. development enhances emergency response times, ensuring the safety and
Homes priced between $150k-$215k with the same lot size as the rest of the security of residents. This proactive approach to public safety strengthens
Steele neighborhood. Nice size yards and a connection of Oak & Oak Grove community resilience and preparedness in the face of unforeseen events.
and Madison with Orchard and Amity. With some of those homes being built In summary, the development project not only fulfills immediate housing
by the kids of MPS. Providing them with first-hand resume building and recreational needs but also fosters a thriving, interconnected
experience when graduating which gives them a competitive advantage. community with enhanced amenities and services, ultimately benefiting the
broader neighborhood, city, and county.
Page 444 of 551
v. 1. A playground will be set between the workout area & the community Obtain insurance coverage, such as liability insurance and
center. 2. Our effort is to reuse the entire building and restructure it to house builder's risk insurance, to protect against unforeseen losses
the indoor basketball, football, soccer & workout facility. While also or liabilities.
including a community center. General estimates for the repurposing of the 3. Timeline Management:
building are $3-$8M on the low end and $10-$20M on the high end. We do Develop a comprehensive project schedule that identifies
have a cheaper option with restructuring the existing building that would key milestones, deliverables, and critical path activities.
make the total estimate closer to $2-6M. Both the gym and football size can Monitor progress against the project schedule, identifying
be retrofitted at 200x450 sq ft. the community center would be around potential delays or bottlenecks and implementing corrective
110x130sq ft. The playground area initially was 67x60 sq ft, but we believe actions as needed. The plan is to have redevelopment
we could triple the size if we moved it closer to the gully. The workout room completed by 2026, at the latest 2027.
could be 40x195 sq ft. The indoor soccer field could be 195x120 sq ft. The
Communicate regularly with project stakeholders, including
fire-station would be 50x200 sq ft. 3. The gully will still be accessible to the the school district, subcontractors, suppliers, and regulatory
public. 4. A few of these were addressed above but we also plan to agencies, to ensure alignment and transparency.
collaborate with the YMCA to foster a social/emotional/mental service for
Anticipate and proactively address potential risks or
the betterment of our youth. challenges that may impact project timelines, such as
inclement weather, supply chain disruptions, or labor
vi. Bidder Responsibilities: shortages.
1. Renovation/Construction:
Adjust project plans and schedules as necessary to
Conduct a comprehensive assessment of the school accommodate changes in scope, budget, or external factors.
property to identify structural integrity, potential hazards,
District Responsibilities:
and necessary repairs or renovations.
1. Property Transfer :
Develop detailed renovation or construction plans in
Initiate the legal process to transfer ownership of the school
consultation with architects, engineers, and relevant
property to the selected bidder, following applicable state
professionals, ensuring compliance with building codes and
and local laws and regulations.
regulations.
Coordinate with legal counsel to draft and execute purchase
Secure necessary permits and approvals from local
authorities for renovation/construction activities. agreements, deeds, and other transfer documents
necessary to convey title to the property.
Manage all aspects of the renovation/construction process,
Facilitate the exchange of title documents, keys, and access
including hiring subcontractors, procuring materials, and
codes upon completion of the property transfer process.
overseeing work progress.
Ensure that renovations or construction activities are Address any legal or procedural issues that arise during the
property transfer process, working collaboratively with the
completed safely, efficiently, and within budget constraints.
bidder and legal advisors to resolve them promptly.
Implement quality control measures to ensure that
workmanship meets industry standards and specifications. 2. Documentation:
Coordinate with relevant stakeholders, such as the school Compile and organize all relevant documentation related to
district and local community, to minimize disruptions during the school property, including deeds, surveys, title reports,
construction and address any concerns or issues that arise. environmental assessments, and maintenance records.
2. Financial Obligations: Provide copies of property documentation to the bidder and
other stakeholders as requested, ensuring transparency and
Secure financing & raise additional funds
Establish a detailed budget that accounts for all expenses accessibility.
related to property acquisition, renovation/construction, Review and verify the accuracy of property documentation to
confirm ownership, encumbrances, and other relevant
permits, fees, and contingencies.
details.
Manage project finances diligently, tracking expenditures,
monitoring cash flow, and reconciling budget variances.
Page 445 of 551
Retain copies of property documentation for record-keeping
purposes and future reference, maintaining confidentiality vii. The district will not be responsible for the fees incurred in the preparation of
and compliance with applicable privacy laws. this proposal.
Facilitate the exchange of documentation between the b. Information has been provided above & also attached to the proposal.
school district, bidder, and other parties involved in the c. Answered above in the responses. & also attached to the proposal.
property transaction, ensuring timely and accurate
communication.
3. Support during Transition:
Collaborate with the bidder and relevant stakeholders to
develop a transition plan that minimizes disruption to school
operations and community activities.
Communicate with school staff, students, parents, and
community members to provide information about the
property sale and future for the site.
Address concerns and questions from stakeholders
regarding the property sale, renovation/construction
activities, and potential impacts on the neighborhood.
Coordinate with local government agencies, emergency
services, and utility providers to ensure a smooth transition
and continued access to essential services.
Maintain essential utility services until a full transfer of the
property has been completed to the awarded party (bidder).
Provide logistical support and assistance as needed to
facilitate the relocation of school programs, equipment, and
materials to alternative facilities during construction or
renovation.
4. Compliance Oversight:
Monitor the bidder's compliance with contractual
obligations, regulatory requirements, and project
specifications throughout the development process.
Conduct periodic site inspections to verify that
renovation/construction activities are being performed in
accordance with approved plans and applicable standards.
Document any deviations from the approved scope of work,
identifying potential risks or issues that may require
corrective action.
Communicate findings and recommendations to relevant
stakeholders, including the bidder, project managers, and
governing board members, to ensure timely resolution of
compliance issues.
Address community concerns or complaints related to
noise, dust, traffic, or other construction-related impacts,
implementing mitigation measures as needed to minimize
disruptions and maintain neighborhood quality of life.
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ATTACHMENT 2
PARENT PARCEL SPLIT DEPICTION
[Attach]
Page 447 of 551
Page 448 of 551
ATTACHMENT 3
COVENANT DEED
Muskegon Public Schools, a Michigan general powers school district organized and operating
pursuant to the Michigan Revised School Code, MCL 380.1, et seq., whose address is 1458 5th
Street, Muskegon, Michigan 49441 (“Grantor”) conveys to The Q9 LLC, a Michigan limited
liability company, whose address is 701 Orchard Avenue, Muskegon, Michigan 49441
(“Grantee”), part of the property located at 1150 Amity Avenue, Muskegon, Michigan 49442,
specifically the part legally described as follows:
[Insert Legal Description from Survey]
part of Parcel No. 64-24-121-300-0086-00 (the “Property”), including all tenements,
hereditaments, appurtenances, and improvements thereunto belonging or in any way appertaining
for the sum of Seventeen Thousand Five Hundred and No/100 Dollars ($17,500.00).
This conveyance is subject to:
1. Building and zoning laws, ordinances, and regulations;
2. Rights of the public and any governmental authority in any part of the land taken, deeded,
or used as a street, road, or highway; and
3. All other matters of record.
Grantor warrants title against the lawful claims and demands of all persons claiming by, through,
or under Grantor based on Grantor’s actions or omissions during Grantor’s ownership of the
Property but against no other claims and no other person, including predecessors in title.
Grantor has a right to enforce certain Property conditions, as further specified in the Real Estate
Purchase Agreement – Steele Vacant Land between the Grantor and Grantee dated
_____________ , 2026.
The Grantor grants to Grantee the right to make all permitted divisions under Section 108 of the
Land Division Act, Act No. 288 of the Public Acts of 1967.
The Property may be located within the vicinity of farmland or a farm operation. Generally
accepted agricultural and management practices which may generate noise, dust, odors, and other
associated conditions may be used and are protected by the Michigan Right to Farm Act, MCL
286.471, et seq., as amended.
This transaction is exempt from real estate transfer tax pursuant to MCL 207.505(h)(i) and MCL
207.526(h)(i).
Page 1 of 2
Page 449 of 551
GRANTOR:
MUSKEGON PUBLIC SCHOOLS,
a Michigan general powers school district
Dated: ___________, 2026 By: (For Execution at Closing)
Matthew T. Cortez
Its: Superintendent
Acknowledged before me in _____________ County, Michigan, this ____ day of __________ ,
2026 by Matthew T. Cortez, Superintendent, Muskegon Public Schools, a Michigan general
powers school district.
________________________________(signature)
_________________________________(printed)
Notary Public, _____________ County, Michigan
My Commission Expires: ___________________
Acting in the County of: ____________________
When Recorded Return Send Subsequent Tax Bills Prepared By (Without
To: To: Opinion):
Grantee Grantee Piotr M. Matusiak, Esq.
Thrun Law Firm, P.C.
P.O. Box 2575
East Lansing, MI 48826-2575
Page 2 of 2
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ATTACHMENT 4
REAL ESTATE PURCHASE AGREEMENT STEELE BUILDING PROPERTY
Muskegon Public Schools, a Michigan general powers school district operating pursuant to the
Michigan Revised School Code, MCL 380.1, et seq., whose address is 1458 5th Street, Muskegon,
The Q9 LLC
address is 701 Orchard Avenue, Muskegon, Michigan 49441, and the City of Muskegon, a
Michigan home rule city, whose address is 933 Terrace Street, Muskegon, Michigan 49440
Background
A. Seller owns real property located in the City of Muskegon, County of Muskegon,
State of Michigan, and commonly known as 1150 Amity Avenue, Muskegon, Michigan 49442,
Parcel No. 64-24-121-300-0086-
B. Q9 desires to acquire the Parent Parcel to construct a campus on the Parent Parcel
as depicted and described the Construction Plans, as that term is defined in a Real Estate Purchase
Agreement
contemporaneously with this Agreement.
C. The Seller and the Buyer have an interest in ensuring that a site plan approved by
the Construction Plans, are completed
substantially as described and depicted in the approved site plan and in a timely manner.
D. Following negotiations, the Seller, Buyer, and Q9 determined that the Parent Parcel
will be split in two, with the Vacant Property portion being transferred directly to Q9 and the
Building Property portion being transferred to the City, with Q9 having an exclusive option to
purchase the Building Property portion from the Buyer, as further discussed below. Vacant
Property and Building Property as used in this Agreement shall have the same meaning as in
the Vacant Land Agreement.
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale of Property.
interest in the Building Property, subject to all matters of record.
2. Purchase Price and Manner of Payment. The purchase price for the Building
Property is Ten Dollars ($10
to Seller at Closing in cash or other immediately available funds. Seller and Buyer expressly
acknowledge that the consideration in this Agreement is full and fair value. Within five (5)
business days after the Effective Date, Buyer shall notify Seller of the Title Company selected by
Buyer for the Building Property transaction.
Page 1 of 7
Page 451 of 551
3. Title Insurance.
Building
that order a copy of the vesting deed and each recorded exception document. Buyer shall provide
Seller with a copy of the Title Commitment within 5 days after Buy
Commitment, and Buyer shall provide Seller with a copy of any updated title commitment within
documents. In the event the reservations, restrictions, or easements of record disclosed by the
original Title Commitment are, in the sole discretion of Buyer, deemed unacceptable, Buyer shall
original Title Commitment. Buyer shall also
notify Seller of any Title Defects appearing in an updated title commitment but not in the original
Seller shall have fourteen (14) days from the date Seller is notified in writing of such Title Defects
in the original title commitment or the updated title commitment to remedy such Title Defects to
Buyer
acquire the Building Property subject to the Title Defects, or (ii) terminate this Agreement by
written notice to Seller, in which case Seller shall sell the Building Parcel directly to Q9 pursuant
subject to the same terms as if the Property was sold to Buyer.
4. Land Division. The parties acknowledge that the Building Property is currently
part of the Parent Parcel and that a land division will need to be completed before Closing to
separate the Building Property from the Parent Parcel. The parties will cooperate during the land
division process. The parties acknowledge and agree that this Agreement is conditioned on the
land division being granted to the satisfaction of the Seller, Buyer, and Q9 before the time of
Closing. If the land division is not approved to , or Q9 satisfaction
before the time of Closing, then either the Seller, Buyer, or Q9 may terminate this Agreement by
providing a termination notice to the other parties. Q9 understands that the land division process
may require a survey, and Q9 shall be responsible for the cost of that survey.
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5. Inspection. The Inspection Period, including any extensions thereof, shall run
concurrently with the Inspection Period provided in the Real Estate Purchase Agreement Vacant
Property.
inspections, reviews, investigations, assessments, and other due diligence with respect to the
Building Building
the condition of the Building
Property and other matters pertaining to the Building Property the
Inspection Period Buyer determines that it does not desire to consummate the transaction
contemplated by this Agreement, then Buyer may terminate this Agreement by delivering written
notice of termination to Seller within five (5) days after expiration of the Inspection Period, and
Seller shall sell the Building Parcel directly to Q9 pursuant subject to the same terms as if the
Property was sold to Buyer. Seller shall grant Buyer and its representatives reasonable access to
the Building Property, including all buildings and systems, during the Inspection Period. Seller
shall also provide all readily available records, permits, and reports regarding the Building
Notwithstanding anything to the contrary in this Agreement,
Buyer shall not conduct or cause to be conducted a Phase II environmental site assessment of the
Building Property without the Seller and Q9
To the extent permitted by law, Buyer shall indemnify, defend, and hold Seller harmless
taken by Buyer or a Buyer employee, agent, or contractor on the Building Property prior to the
Closing, including surveys, inspections, reviews, investigations, assessments, and other due
ll survive any Agreement termination.
6. Deed and Option to Purchase. At Closing, Seller shall convey title to the Building
Property to Buyer by a quitclaim deed, substantially in the form as Exhibit 1 and
contemporaneously, at Closing, Buyer and Q9 shall sign the exclusive option to purchase
agreement in Exhibit 2
is signed by the City and Q9, Q9 may record the Memorandum in Exhibit 2A with the Register of
Specifically, as stated in the Vacant Property Purchase Agreement, once
Q9 substantially completes construction of the Building Property or invests at least $4 million into
the Building Property in hard construction costs toward completing Building Property construction
as reflected in
the Construction Plans, then Seller and City shall have no right to seek legal recourse to compel
Q9 to complete the Building Property.
Notwithstanding anything to the contrary in this Agreement, after any conveyance by the
Seller, any portion of the Parent Parcel may be used for any lawful educational purpose. That said,
to the extent permitted by law, no portion of the Parent Parcel shall be used for any school purpose
that is in direct competition with the Seller for students. This paragraph 6 shall survive Closing.
7. Closing. The closing of this sale shall occur on the same date, time, and
location as the closing in the Vacant Land Agreement. If the Vacant Land Agreement is terminated
before Closing, then this Agreement shall automatically terminate on the date that the Vacant Land
Agreement is terminated.
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8. Closing Costs. The following costs associated with this Agreement and the Closing
shall pay the cost of any state and county transfer taxes in the amount required by law; (iii) Buyer
shall pay the costs of recording the Deed; and (iv) Buyer shall pay any fees charged by the Title
Company to facilitate the Closing. If the Register of Deeds rejects the Deed for recording, then the
Seller and the Buyer shall promptly and in good faith work with each other to prepare an alternate
deed that is satisfactory to the Register of Deeds for recording, an obligation which shall survive
Closing.
9. Closing Deliveries. At Closing, Seller shall execute and deliver the Deed to Buyer
Building Property, subject to all matters of record, and Buyer
shall deliver the Purchase Price to Seller pursuant to Section 2 above. The parties shall execute
and deliver such other documents reasonably required to close the transaction. Seller shall deliver
possession of the Building Property to Buyer at Closing.
10. Representations and Warranties. Seller represents and warrants to Buyer that to
0 are true and correct as of the
Effective Date and also at the time of Closing. Seller shall have an affirmative duty to notify Buyer
of any changes in these representations and warranties before Closing. For purposes of this
Buyer acknowledges that any liability for an untrue or incorrect statement made by the
Superintendent will be attributed to the Seller and the Buyer shall not pursue any legal recourse
Building Property or
Building Property; there are no unrecorded interests of any person(s) or
entity(ies) in and to the Building Property; the Building Property is not subject to any oral or
written rental, leasing, contract, or other arrangement that would limit or restrict the use of the
Building Property; Seller has not received any notice of, and has no knowledge of, existing
violations on the Building Property or any portion thereof of any zoning, building, fire, health,
pollution, environmental protection, hazardous substance or waste disposal law or ordinance; and
there are no pending legal disputes, liens, environmental violations, or municipal code violations
affecting the Building Property.
Each party hereby represents and warrants to the other parties that the representing party
has full power and authority to enter into this Agreement and other related documents and to
consummate the transaction contemplated by this Agreement. Each party has duly executed and
delivered this Agreement as its lawful, valid, and legally binding obligation, and this Agreement
is enforceable in accordance with its terms. No party to this Agreement is a party to any contract,
settlement, judicial order, or other agreement of any kind that would prohibit or otherwise restrict
its ability to consummate the transaction contemplated by this Agreement.
11. Condition of Property. Buyer acknowledges and agrees that: (1) Buyer is familiar
with the Building Property and its condition and has had adequate opportunity to inspect the
Building Property and therefore agrees accept the Building Property in its AS-IS condition, (2)
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Buyer acknowledges that the school building and any other structures on the Building Property are
in a state of disrepair and contain asbestos, and (3) the Seller expressly disclaims any and all
warranties of any kind with regard to the Building Property. Buyer shall be liable for any
environmental conditions caused by Buyer prior to Closing; Seller may be liable under federal or
State law for any environmental conditions that existed on the Building Property prior to Closing.
This paragraph shall survive Closing.
12. Parking Lot License. As of the date of Closing, Q9 shall have a license to
reasonable, nonexclusive use of the parking lots upon the Building Parcel to park vehicles used for
the completion of construction of the Vacant Parcel, and the City shall be named as an additional
insured on all relevant insurance policies covering such use, including commercial general liability
insurance. Q9 shall indemnify, defend, and hold harmless the City from any claims, damages, or
license, Q9 shall return the parking lots to the City in good condition, reasonable wear and tear
excepted.
13. Real Estate Commission. The parties acknowledge and agree that no agent,
broker, salesperson, or other party is entitled to a real estate commission upon the Closing of this
sale. To the extent permitted by law, Buyer agrees to indemnify and hold harmless the Seller from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the Buyer. This
paragraph shall survive Closing.
14. Notice. All notices, approvals, consents and other communications required under
this Agreement shall be in writing and shall be: (i) delivered in person; (ii) sent by email; or (iii)
sent by a nationally-recognized receipted overnight delivery service with delivery fees prepaid or
certified mail return receipt requested. The notice shall be effective immediately upon personal
delivery or upon transmission of the email
junk folder, then the notice shall be effective upon the recipient discovering the email; and one day
after depositing with a nationally recognized overnight delivery service or mailing for certified
mail notices. Notices shall be sent to the parties as follows:
To Seller: Muskegon Public Schools To Q9: The Q9 LLC
Attn: Superintendent Attn: Rashard Thrower
1458 5th St 701 Orchard Avenue
Muskegon, MI 49441 Muskegon, MI 49442
Email: [email protected] Email: [email protected]
With Copy to: Thrun Law With copy to: Hamilton Law
Attn: Piotr Matusiak Attn: Ryan A. Wujcik
2900 West Road Suite 400 3431 Oakland Drive
East Lansing, MI 48823 Kalamazoo, MI 49008
Email: [email protected] Email: [email protected]
To Buyer: City of Muskegon
Attn: Jake Eckholm
933 Terrace Street
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Muskegon, Michigan 49440
[email protected]
With Copy to: Brennen Gorman
601 Terrace Street
Muskegon, MI 49440
Email: [email protected]
15. Review by Legal Counsel. Each party acknowledges that it had an adequate
opportunity to seek advice from independent legal counsel with respect to its rights, the execution
of this Agreement, and the consummation of the transaction contemplated by this Agreement.
16. Personal Property. Any personal property which Seller does not remove from the
Building Property before Closing shall be transferred to Buyer with the Building Property at
Closing through a bill of sale signed at Closing.
17. Dispute Resolution. Any dispute arising from this Agreement shall first be subject
to facilitated mediation. Any party may request mediation, and each party shall ensure mediation
occurs within 60 days of the mediation request or as soon as possible thereafter, but in no event
later than 90 days after the mediation request. Any party may pursue litigation after two (2) full
days of mediation.
18. Miscellaneous. This Agreement is executed in accordance with, shall be governed
by, and construed and interpreted in accordance with the laws of the State of Michigan. This
Agreement and its attachments, and the Vacant Land Agreement and its attachments, shall
constitute the entire agreement, and shall supersede any other agreements, written or oral, that may
have been made or entered into, by and between the parties with respect to the subject matter of
this Agreement and its attachments and shall not be modified or amended except in a subsequent
writing signed by the Buyer, Seller, and the City.
This Agreement shall inure to the benefit of and be binding upon the parties and their
respective successors and assigns. A party shall not assign this Agreement in whole or in part
without the prior written consent of the other parties.
The failure of a party to enforce any covenant or condition of this Agreement shall not be
deemed a waiver of that covenant or condition or of the right of a party to enforce any other
covenant or condition of this Agreement. No provision of this Agreement shall be deemed to have
been waived unless such waiver is in writing and signed by the waiving party.
The headings used in this Agreement are for convenience of the parties only and shall not
be considered in interpreting the meaning of any provision of this Agreement. This Agreement
may be executed in one or more counterparts, including facsimile copies, each of which shall be
deemed an original, but all of which shall together constitute one and the same instrument.
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This Agreement shall not be more strictly construed against, nor shall any ambiguities
drafting of this Agreement. This Agreement is not intended to create, and shall not be construed
to create, any rights in any person or entity that is not a party to this Agreement, as a third party
beneficiary or otherwise. If any provision of this Agreement is determined invalid, the remainder
of this Agreement shall remain in effect.
Neither Q9 nor its subcontractors will discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a
matter directly or indirectly related to employment, because of race, color, religion, national origin,
age, sex, sexual orientation, gender identity or expression, disability, height, weight, marital status,
or any other protected characteristic. Breach of this paragraph shall be a material breach of this
Agreement.
The effective date of this Agreement shall be the last date as of which all parties as shown
SELLER Muskegon Public Schools, a The Q9 LLC, a Michigan limited liability
Michigan general powers school district company
By: Matthew Cortez By: Rashard Thrower
Its: Superintendent Its: Member
Date: ______________, 2026 Date: ______________, 2026
BUYER - City of Muskegon, a Michigan
home rule city
By:
___________________________________
Name: Kenneth Johnson
Title: Mayor
Date: ____________________
By:
___________________________________
Name: Ann Meisch
Title: Clerk
Date:_____________________________
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Exhibit 1
Quitclaim Deed
Muskegon Public Schools, a Michigan general powers school district organized and
operating pursuant to the Michigan Revised School Code, MCL 380.1, et seq., whose address is
1458 5th Street, Muskegon, Michigan 49441 (“Grantor”) quit claims to the City of Muskegon, a
home rule city whose address is 933 Terrace Street, Muskegon, Michigan 49440 (“Grantee”), part
of the property located at 1150 Amity Avenue, Muskegon, Michigan 49442, specifically the part
legally described as follows:
[Insert Legal Description from Survey]
part of Parcel No. 64-24-121-300-0086-00 (the “Property”) for the sum of Ten Dollars ($10.00).
The Grantor grants to Grantee the right to make all permitted divisions under Section 108 of the
Land Division Act, Act No. 288 of the Public Acts of 1967.
The Property may be located within the vicinity of farmland or a farm operation. Generally
accepted agricultural and management practices which may generate noise, dust, odors, and other
associated conditions may be used and are protected by the Michigan Right to Farm Act, MCL
286.471, et seq., as amended.
This transaction is exempt from real estate transfer tax pursuant to MCL 207.505(h)(i) and MCL
207.526(h)(i).
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GRANTOR:
MUSKEGON PUBLIC SCHOOLS,
a Michigan general powers school district
Dated: ___________, 2026 By: (For Execution at Closing)
Matthew T. Cortez
Its: Superintendent
Acknowledged before me in _____________ County, Michigan, this ____ day of __________ ,
2026 by Matthew T. Cortez, Superintendent, Muskegon Public Schools, a Michigan general
powers school district.
________________________________(signature)
_________________________________(printed)
Notary Public, _____________ County, Michigan
My Commission Expires: ___________________
Acting in the County of: ____________________
When Recorded Return Send Subsequent Tax Bills Prepared By (Without
To: To: Opinion):
Grantee Grantee Piotr M. Matusiak, Esq.
Thrun Law Firm, P.C.
P.O. Box 2575
East Lansing, MI 48826-2575
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Exhibit 2
Exclusive Option to Purchase Agreement
This Exclusive Option to Purchase Agreement (“Agreement”) is entered into as of the date
of the last party signature below (the “Effective Date”) by and between The Q9 LLC, a Michigan
limited liability company, whose address is 701 Orchard Avenue, Muskegon, Michigan 49441
(“Q9”) and the City of Muskegon, a Michigan home rule city organized and operating under the
Michigan Home Rule City Act, MCL 117.1, et seq., whose address is 933 Terrace Street,
Muskegon, Michigan 49440 (“City”) (individually a “Party” and collectively, the “Parties”).
Whereas:
1. Muskegon Public Schools, whose address is 1458 5th Street, Muskegon, Michigan 49441
(“District”), Q9, and the City entered into a Real Estate Purchase Agreement – Steele Vacant
Land dated _______, 2026 (“Vacant Land Agreement”). The District, Q9, and the City also
entered into a Real Estate Purchase Agreement – Steele Building Property dated ________ ,
2026 (“Building Agreement”).
2. Pursuant to the Vacant Land Agreement, the District conveyed part of 1150 Amity Avenue,
Muskegon, Michigan 49442, Parcel No. 64-24-121-300-0086-00, to Q9, specifically the
“Vacant Property,” as defined in the Vacant Land Agreement.
3. Pursuant to the Building Agreement, the District conveyed the other part of 1150 Amity
Avenue, Muskegon, Michigan 49442, Parcel No. 64-24-121-300-0086-00, to the City,
specifically the “Building Property,” as defined in the Building Agreement.
4. The Building Agreement requires the City to grant Q9 an exclusive option to purchase the
Building Property.
Now Therefore, in consideration of the mutual promises and covenants contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by each Party, the Parties hereby agree as follows:
1. Option to Purchase. The City hereby grants Q9 an exclusive option to purchase the Building
Property for $10.00 (“Option”). Q9 may exercise that option by providing the City a notice
that Q9 is exercising its option to purchase and contemporaneously with that notice providing
the City with $10.00 and the following (1) documentation substantiating that within two (2)
years of the Vacant Land Agreement Closing, Q9 invested at least $3 million into the Vacant
Property in hard construction costs toward completing Vacant Property construction as
reflected a site plan approved by the City’s Planning Commission, generally consistent with
the Construction Plans (as defined in the Vacant Land Agreement),or that the Vacant Property
was substantially completed within five (5) years of the Vacant Land Closing..
2. Option Price. The Option price shall be $10.00, which Q9 shall pay to the City upon execution
of this Agreement.
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3. Term. This Agreement shall commence on the Effective Date and shall continue until the
earlier of the following: the 6th anniversary of the Effective Date or Q9’s acquisition of the
Building Property pursuant to this Agreement (the “Term”).
4. Educational Purpose. Notwithstanding anything to the contrary in this Agreement, the
Building Property may be used for any lawful educational purpose. That said, to the extent
permitted by law, the Building Property shall not be used for any school purpose that is in
direct competition with the District for students.
5. Memorandum of Option to Purchase Agreement. Contemporaneously with the signing of
this Agreement, Q9 and the City shall execute the Memorandum in Exhibit 2A. Q9 may record
the Memorandum with the Muskegon County Register of Deeds at Q9’s expense.
6. Notices. Notices or consents of any kind required or permitted under this Agreement shall be
made by personal delivery or mailed by certified mail, return receipt requested, postage prepaid
to the appropriate party at the address first listed for that party above or at such other address
as shall be specified in writing by that party. Notices shall be deemed received on the date of
personal delivery or on the date of mailing, as applicable.
7. Severability. If any provision of this Agreement shall be held invalid, such invalidity shall not
affect any other provision of the Agreement that can be given effect without the invalid
provision, and, to this end, the provisions hereof are severable.
8. Counterparts. This Agreement may be executed in counterparts, including facsimile or email
transmissions, each of which shall be deemed an original.
9. Successors and Assigns. Neither Party shall have the right to assign its rights or obligations
under this Agreement to any person or entity without the prior written consent of the other
Party. This Agreement shall be binding and inure to the benefit of each Party’s successors and
assigns.
10. Governing Law. This Agreement shall be construed in accordance with and governed by the
laws of the State of Michigan.
11. No Construction Against Drafting Party. This Agreement shall not be more strictly
construed against, nor shall any ambiguities within this Agreement be resolved against, a Party
because that Party’s participation in the drafting of this Agreement.
12. Authorization. This Agreement has been duly authorized, executed and delivered by the
Parties and, once signed by both Parties, constitutes a legal, valid, and binding obligation
enforceable in accordance with its terms. Each individual signatory hereto represents and
warrants that he or she is duly authorized to execute this Agreement on behalf of the respective
Party.
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13. Entire Agreement. This Agreement constitutes the entire agreement between the Parties
concerning the Building Property, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between the Parties regarding the Building
Property other than those herein set forth. This Agreement shall not be modified or amended
without the consent of both Parties, which consent must be evidenced by an instrument in
writing executed by each Party, or by their respective successors or permitted assigns.
The Q9 LLC
By: ______________________________
Name: Rashard Thrower
Its: Member
Date: _______________ , 2026
City of Muskegon, a Michigan home rule city
By: ___________________________________
Name: Kenneth Johnson
Title: Mayor
Date: ____________________
By: ___________________________________
Name: Ann Meisch
Title: Clerk
Date:_____________________________
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Exhibit 2A
Memorandum of Exclusive Option to Purchase
This Memorandum made this ___ day of ___________, 2026, between City of Muskegon, a
Michigan municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (the
“Grantor”) and The Q9, LLC, a Michigan limited liability company, of 701 Orchard Avenue,
Muskegon, Michigan 49441 (the “Grantee”):
WITNESSETH:
1. Pursuant to an Exclusive Option to Purchase Agreement dated ________ , 2026 (“Option
Agreement”), Grantor granted to the Grantee an exclusive option to purchase the following
property:
[Insert Building Property Legal Description from Survey]
Part of Parcel No.: 64-24-121-300-0086-00, commonly known as 1150 Amity Avenue,
Muskegon, MI 49442
2. All of the terms, covenants, and conditions contained in the Option Agreement are
incorporated in this Memorandum by reference with like effect as if set forth in this
Memorandum verbatim.
3. The purpose of this Memorandum is to give notice of the existence of the Option
Agreement and the rights of the parties under the Option Agreement.
4. Grantee shall immediately file a Satisfaction and/or Waiver of Memorandum of the Option
Purchase Agreement on the earlier of: (1) the 11th anniversary of the Option Agreement’s
effective date (ii)within 30 days of Grantee determining that it has substantially completed
of the Project (iii) within 30 days of Grantee determining that it has taken sufficient steps
to complete the Project; (iv) if substantial completion has not occurred within five (5) years
of the Option Agreement’s effective date or sufficient steps have not occurred within two
(2) years of the Option Agreement’s effective date, then within thirty (30) days following
the expiration of the applicable period; (v) or in the event that Grantee notifies Buyer that
it will not exercise this Option to Purchase its Option Agreement option to purchase,
whichever is earlier.
5. This Memorandum of Option to Purchase shall immediately become null and void upon
the 11th anniversary of the Option Agreement’s effective date or Q9’s acquisition of the
Property pursuant to the Option Agreement.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed in duplicate
the day and year first above written.
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GRANTOR –
City of Muskegon
By: By: ___________________________________
___________________________________ Name: Ann Meisch
Name: Kenneth Johnson Title: Clerk
Title: Mayor Date:_____________________________
Date: ____________________
STATE OF MICHIGAN )
COUNTY OF MUSKEGON )
On this ______ day of _________________, 2026, before me, a notary public in and for said
County, personally appeared Ann Meisch, Clerk, and Kenneth Johnson, Mayor, of the City of
Muskegon, a Michigan municipal corporation, and to me known to be the same people described
in and who executed the Memorandum of Exclusive Option to Purchase and acknowledged that
they executed it as their free act and deed.
____________________________________
_______________________, Notary Public
Muskegon County, Michigan
My Commission Expires: ____________
GRANTEE –
The Q9, LLC
_________________________________________
Name: Rashard Thrower
Title: Member
Date: ____________________
STATE OF MICHIGAN)
COUNTY OF MUSKEGON)
On this ______ day of ________________, 2026, before me, a notary public in and for said
County, personally appeared Rashard Thrower, Member of The Q9, LLC, a Michigan limited
liability company, and to me known to be the same person described in and who executed the
Memorandum of Exclusive Option to Purchase and acknowledged that he executed it as his free
act and deed.
____________________________________
_______________________, Notary Public
Muskegon County, Michigan
Prepared by and My Commission Expires: ____________
after Recording Return to:
Brennen Gorman, P-80958
601 Terrace St.
Muskegon, MI 49440
Page 2 of 2
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Amendment to the Harbor 31 Planned Unit
Development (PUD)
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request to amend the Harbor 31 Planned Unit Development (PUD) at 600 Shoreline Dr (PUD address)
for a new residential development at 170 Viridian Dr (development address) and to amend the
waterfront access paths within Harbor 31.
Detailed Summary & Background:
The proposed development is located within the Harbor 31 Planned Unit Development (PUD). Much
of the interior of the subject parcel is considered a wetland and is prohibited from development by
the Michigan Department of Environment, Great Lakes, and Energy (DELEG). The areas restricted
from development are enclosed by split rail fencing and are considered an environmental
easement.
The project consists of four large multiplex buildings, each containing 12 units, for a total of 48 units.
There are 67 off-street parking spaces and five parking spaces in the terrace proposed.
Large multiplex buildings are an allowed building type in this context area. However, the location of
the wetlands prohibits traditional building and parking placement, requiring the need to amend the
PUD. The initial project for this parcel was townhomes, but the environmental easements caused
issues with the site layout.
A portion of the Grand Valley State University (GVSU) parking lot to the west of the development
actually encroaches onto the Meadows property. This will have to be removed prior to construction.
Page 2 of the site plan depicts the existing parking lot in relation to the proposed development, and
Page 3 depicts what the revised GVSU parking lot could look like, although this is not a finalized
concept. GVSU will have to apply to the city to reconfigure their parking lot.
A stormwater management permit application will need to be submitted to the Engineering
Department, and the original storm water management permit for the overall site may need to be
modified if changes to the original management plan are contemplated.
Notice was sent to all addresses within 300 feet of the property. At the time of this writing, staff had
received one comment from the public. Kevin Murphy, who is an owner of the Vida Nova
condominiums, made several comments regarding issues he has with the overall development of
Harbor 31. His comments appear to be issues with the Harbor 31 board, the lack of boardwalk
signage for the public, and issues with the placement of electrical equipment, but there were no
specific comments about the proposed development.
Page 465 of 551
Staff recommends approval of the request with the condition that the western path to the boardwalk
is installed and functional before Certificates of Occupancy are issued for the Meadows.
The Planning Commission unanimously recommended approval of the request with the following
conditions:
1. The stormwater permit must be updated with the Engineering Dept.
2. The Certificates of Occupancy for the Meadows are not issued until the western path to the
boardwalk is constructed and usable and includes a public access sign.
3. Any street trees removed for terrace parking must be replaced elsewhere within Harbor 31, as
approved by staff.
4. The landscaping plan shall be revised to include an additional 10 canopy trees on-site,
including at least two per parking lot.
5. The drive entrance to the north be realigned, as approved by staff. The eight parking spaces
in this area must also be removed.
The site plan has been updated since the Planning Commission meeting and has addressed items 3–
5.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Zoning Ordinance
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 the request to amend the Harbor 31 Planned Unit Development for a new residential
development at 170 Viridian Dr, and to amend the waterfront access paths within Harbor 31, be
approved with the following conditions:
1. The stormwater permit must be updated with the Engineering Dept.
2. The Certificates of Occupancy for the Meadows are not issued until the western path to the
boardwalk is constructed and usable and includes a public access sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X No
Head
Information
Technology
Other Division Heads
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Communication
Legal Review
Page 467 of 551
VICINITY MAP
THE MEADOWS
DEVELOPMENT REFERENCE:
NOT TO SCALE
OWNER: MUSKEGON LAKEFRONT LLC
1985 HOLTON RD, MUCKEGON, MI 49445
DEVELOPER: TRUE PROPERTY RESOURCES, LLC
APPLICANT 415 LEONARD STREET NW, SUITE 201
GRAND RAPIDS, MI 49504
SITE PLAN / PUD AMENDMENT
ATTN: DAN HENRICKSON
PHONE: (616) 454-5554 PARADIGMDESIGN
CIVIL ENGINEER: PARADIGM DESIGN ARCHITECTS | ENGINEERS
415 LEONARD STREET NW, SUITE 200
CITY OF MUSKEGON
GRAND RAPIDS, MI 49504 415 Leonard Street NW, Suite 200
Grand Rapids, MI 49504
ATTN: BILL HADLOCK
(616) 785-5656
PHONE: (616) 785-5656
SURVEYOR: BURGESS SURVEYING Grand Rapids | Phoenix
MUSKEGON COUNTY, MICHIGAN 49440
8375 RIDGESTONE DR. www.paradigmae.com
ATTN: JORDAN BURGESS
PHONE: (614) 441-4222
MUSKEGON COUNTY COORDINATION INDEX:
WATER / SEWER CITY OF MUSKEGON PUBLIC WORKS DEPARTMENT
1350 E. KEATING AVE
MUSKEGON, MI 49422
PHONE: (231) 724-4100
ELECTRIC CONSUMERS ENERGY
PHONE: 1-800-477-5050
SITE LOCATION MAP NOT TO SCALE
NATURAL GAS: DTE ENERGY
PHONE: 1-800-477-4747 WILLIS MONTE HADLOCK, P.E.
SITE
MI - REGISTRATION #6201045738
EXP. DATE 09/02/2027
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WE UNIT B UNIT H
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SUBJ TO DRAIN & ACCESS ESMT REC L/P 4311/311
RA
M
UNIT I
ST
N
ST
X
X
SURVEY PROVIDED BY:
TER
S
N M
ST
WT WT
R R
UNIT N
MUSKEGON, MICHIGAN
ST
SA ST ST
N
TOPOGRAPHICSURVEY PROVIDED BY
BURGESS SURVEYING
ON A DRAWING DATED 01-20-2026.
ST
UNIT C
WTR BOUNDARYSURVEY PROVIDED BY BURGESS SURVEYING ON A DRAWING DATED 12-19-2022.
R
S
FIBE
SAN
S
BENCHMARKS: DEVELOPER
S
S
ST
W
TR
X
RY
X
ASSUMED BENCHMARK AS DENOTED ON MUSKEGON LAKEFRONT DEVELOPMENT PLANS
TRUE PROPERTY
ST X X
STM
X
E
SXA
X
X
150 VIRIDIAN DRIVE SECTION 19, TOWN 10 N, RANGE 16 E
N
ST
DEVELOPED BY FLIES AND VANDENBRINK.
RS
TERRACE STREET
M X
RESOURCES, LLC
S
MW
CITY OF MUSKEGON 43°14'34" N, 86°15'11.3" W
X ON
X
X
BM#1:TOP OF FLANGE BOLT UNDER THE 'E' OF EJIW ON HYDRANT: LOCATED WEST & ±10
X
MUSKEGON COUNTY, MICHIGAN PARCEL #: 61-607-000-0001-00
S
X
FEET SOUTH OF SOUTHEAST PROPERTY CORNER.
S
CR
X
UNIT K
SAN
X
ST ST
UNIT J ELEVATION = 587.69 (BASIS FOR PLAN ELEVATION SHOWN)
FIBER
X
VIRIDIAN DRIVE
VIR
WT S
R
EE
X
IDIA NAVD88 ELEV = (PLAN ELEVATION)-(0.42 FEET)
X
UNIT F X X
ND UNIT P
POST
SA
N
RIV
E
S
S
ST
K COORDINATE SYSTEM:
S
COORDINATES & BEARINGS ARE BASEDMICHIGAN
ON STATE PLANE SOUTH ZONE
, NAD83(HARN)
,
INTERNATIONAL FEET
.
S
S
UNIT G WTR SAN
S
OH-E OH-E WTR
NAVD88 ELEVATIONS ARE 0.42 FEET LOWER THAN THE SITE DATUM.
E E
PED OH-E SAN
S
OH-E
OH-E OH-E S
ST E
FLOODPLAIN DATA:
SAN
CSX RAILROAD (616) 454-5554
ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE
SHORELINE DRIVE (BUSINES MAP, FIRM NUMBER
26121C0257D
, EFFECTIVE DATE:
JULY 6 2015,NATIONAL FLOOD INSURANCE 415 LEONARD STREET,
S 31) GRAND RAPIDS, MI 49504
SAN
SAN
PROGRAM, AS PUBLISHED BY FEMA.
N
SA
SOUTHBOUND
THE SUBJECT PROPERTY IS IN ZONE AE DEFINED AS AREA INUNDATED BY THE BASE FLOOD WITH
NORTHBOUND BASE FLOOD ELEVATIONS DETERMINED WITH A BASE FLOOD ELEVATION OF 584.4.
(NAV 88 ASSUMED)
Monday, May-04-2026 at 10:20am O:\2212167GR Harbor 31 - The Meadows\Drawings - 2212167GR\Civil\03-Production Sheets (CD's)\167C-001 - Cover.dwg jledy
RELEASE DATE
DATE DESCRIPTION
03-12-26 PUD AMENDMENT
04-14-26 PUD AMEND. REV1
GENERAL NOTES:
REFER TO PROJECT MANUAL FOR SITE "RECORD DRAWING" SUBMITTAL REQUIREMENTS.
OWNER HAS SUBMITTED FOR AND OBTAINED THE FOLLOWING SITE RELATED PERMITS:
AGENCY
EGLE PART 31, 301, 303
PERMIT #
WRP032704 v.1 (ISSUED 6/27/2022)
SHEET LIST TABLE
OWNER HAS SUBMITTED FOR AND IS IN THE PROCESS OF OBTAINING THE FOLLOWING SITE C-001 COVER SHEET
RELATED PERMITS:
AGENCY PERMIT #
1 OF 1 BOUNDARY & TOPO SURVEY
MUSKEGON COUNTY DRAIN COMMISSIONER'S TBD C-101 EXISTING CONDITIONS & DEMOLITION PLAN
UPON AWARD OF CONTRACT, CONTRACTOR WILL BE RESPONSIBLE TO CHECK WITH ENGINEER AND
C-200 SITE PLAN
JURISDICTION ON STATUS OF THE PERMIT(S) LISTED ABOVE. C-220 PEDESTRIAN ACCESS WAYS
LANDSCAPE PLAN
CONTRACTOR IS RESPONSIBLE TO OBTAIN ALL SITE RELATED PERMITS NOT BEING OBTAINED BY
THE OWNER. CONTRACTOR IS REQUIRED TO COMPLETE THE APPLICATION, AND SUBMIT PHOTOMETRIC PLAN
NECESSARY DRAWINGS, FEES, ETC. TO THE APPROPRIATE JURISDICTION. CONTRACTOR SHALL FLOORPLAN - 1ST FLOOR
PAY ALL FEES RELATED TO PERMIT(S) AND SECURE PERMIT(S) IN HIS NAME.
FLOORPLAN - 2ND FLOOR
CONTRACTOR IS RESPONSIBLE TO COORDINATE ALL SITE UTILITY CONNECTIONS AND INSPECTIONS FLOORPLAN - 3RD FLOOR PROJECT
WITH THE PROPER JURISDICTION AND PAY ALL ASSOCIATED FEES. BUILDING ELEVATIONS - FRONT & SIDE 1
THE CONTRACTOR SHALL FIELD VERIFY LOCATION AND ELEVATION OF EXISTING WATER, SANITARY BUILDING ELEVATIONS - BACK & SIDE 2 2212167GR
SEWER, AND STORM SEWER CROSSINGS AND CONNECTION POINTS PRIOR TO CONSTRUCTION.
CONTACT ENGINEER WITH ANY DISCREPANCIES.
THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY PIPES, CONDUITSOR SHEET
STRUCTURESSHOWNON THESEPLANSWAS OBTAINEDBY A SEARCHOF THE AVAILABLE ALL UTILITIES SHOWN ARE APPROXIMATE LOCATIONS FROM FIELD DATA AND AVAILABLE
RECORDS.THE CONTRACTORIS REQUIREDTO TAKEDUE PRECAUTIONARY MEASURESTO INFORMATION. THEY SHOULD NOT BE INTERPRETED AS EXACT LOCATIONS NOR SHOULD THEY BE
PROTECTTHE UTILITYLINESSHOWNON THESEDRAWINGS.THE CONTRACTORFURTHER ASSUMED TO BE THE ONLY UTILITIES IN THE AREA.
ASSUMESALL LIABILITY AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITSOR
REFERENCE SOILS REPORT FOR BORING LOGS AND PREPARATION AND CONSTRUCTION
COVER SHEET
STRUCTURESSHOWNOR NOT SHOWNON THESE DRAWINGS.THE CONTRACTORSHALL
PROCEDURES FOR SUBBASE AND DESIGN SECTION OF ALL PAVED AREAS.
POTHOLEALL EXISTING UTILITIES TO VERIFY THE LOCATIONAND ANY DISCREPANCY
BETWEEN THE PLANS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
ALL MDOT REFERENCES ARE TO THE
2025 EDITION. C-001
Page 468 of 551
V
SAN
W
SAN
V
NG EXISTING LEGEND
W
STI
EXI RAGE
GA
SA
N
BENCHMARK CONTROL POINT DECIDUOUS TREE
G
U -E
MW
SIGN MONITORING WELL CONIFEROUS TREE
-T
UGG
G
WETLAND FLAG ELECTRICAL STORM SEWER
WTR
STM
WTR
SAN
WTR WV
WTR
SAN
SA
WATER
WTR
UTILITY POLE MANHOLE
N
N
WTR SA ST
TR
W
TR
WV
VALVE PEDESTAL SQUARE CATCH BASIN
W
PARADIGMDESIGN
E
ZONING: FBC-MSW
S SAN
SAN
SAN
SAN
SAN WV W
V
HYDRANT CURB CATCH BASIN
G
ARCHITECTS | ENGINEERS
S
WV
STM
SANITARY SEWER ROUND CATCH BASIN
EX 8" WATER
WTR
415 Leonard Street NW, Suite 200
TR
STM
W
SAN
S
SAN
S
S MANHOLE CONCRETE Grand Rapids, MI 49504
(616) 785-5656
BITUMINOUS
R
BE
FI
WETLAND Grand Rapids | Phoenix
www.paradigmae.com
G
CURB & GUTTER
STM
PROPERTY LINE
WTR
POND / EDGE OF WATER
R
SAN
WT
FOR WATER SERVICE INSTALLATION, REMOVE 590 589 CONTOUR LINE
AND REPLACE 172 SF ± OF SIDEWALK IN KIND. 100 YEAR FLOODPLAIN CONTOUR (584.82)
UG-T
SAWCUT SIDEWALK AT THE NEAREST JOINT FOR WATER SERVICE
15' 500 YEAR FLOODPLAIN CONTOUR (585.72)
UG-E
INSTALLATION, REMOVE AND
G
FENCE
STM
REPLACE 380 SF ASPHALT
STM
PAVEMENT IN KIND TREE LINE
S FOR WATER SERVICE E
WATER MAIN
R
INSTALLATION, REMOVE AND
E WTR WTR
WT
REPLACE 470 SF ASPHALT WTR WTR WTR WTR WTR SAN SAN SANITARY SEWER
EX 8" WATER E
E E
PAVEMENT IN KIND UG-T STM STM STORM SEWER
25'
UG-T
UG-E UG-E UG-T UG-E UG-E
33'
UG-T
NATURAL GAS
ST
G G
STM
STM EXISTING PAVEMENT
STM
FIBER OPTIC
TO BE REMOVED
FIBER FIBER
ST STM STM ST STM STM
G
ST STM STM
STM
STM
95.87' P = 139.72'
UG-E UG-E UNDERGROUND ELECTRIC
EASEMENT TO CONSUMER ENERGY PER LIBER 3630, PAGE 646 & LIBER 3652, PAGE 851 UNDERGROUND TELEPHONE
S63°03'51"E 287.49'
UG-T UG-T
S 15' WILLIS MONTE HADLOCK, P.E.
MI - REGISTRATION #6201045738
586
STTM
6
2'
58
O EXP. DATE 09/02/2027
EA RM S DRIVE ACCESS EASEMENT 58
SE EW
ME ER
NT C B-1 585
5 G PROJECT
EX G G
3.5'
G
THE MEADOWS
WTR
586
PER LIBER 3630, PAGE 646 &
585
ZONING:
STM
LIBER 3652, PAGE 851
CONSUMER ENERGY
FBC-MSW EXISTING PAVEMENT
EASEMENT TO
E
FIBER
586 E
SAWCUT & TO BE REMOVED
VIRIDIAN DRIVE
3
B-1 584
E XC REMOVE ASPHALT
REMOVE FOR WATER SERVICE
EXISTING SIDEWALK TO INSTALLATION, REMOVE AND
WTR
BE REMOVED BY OTHERS REPLACE 530 SF ASPHALT
PAVEMENT IN KIND
MUSKEGON
STM
EXISTING PAVEMENT TO
STM
G
BE REMOVED BY OTHERS 25 FT WIDE STORM &
LAKEFRONT, LLC
N27°25'55"E 197.93'
SANITARY EASEMENT WV
REMOVE STORM PIPE 585
584
MUSKEGON, MICHIGAN
SAN SAN SAN S
SAN SAN SAN
25'
S SAN SAN
WTR
STM STM STM STM ST
STM STM STM
STM STM
STM
REMOVE CURB DEVELOPER
G
CHARGER
E REMOVE STORM PIPE AND GUTTER
STAT -12
LLEY ILDING CB
TRUE PROPERTY
BP BP
585
VA EX SAWCUT & REMOVE
ND U
GRA ERSITY B.51
585
STM
E
I V 7 REMOVE CONCRETE SIDEWALK
RESOURCES, LLC
N 8
SAN
584
U 5
F.F.=
X. . DEMOLITION NOTES:
WTR
P P RO OF EX P.
A ION E,TY
584
SAWCUT &
AT NC
REMOVE STORM PIPE LOC OD FE D
REMOVE ALL MATERIAL THAT IS NOT SUITABLE AS BACKFILL AND MATERIALS THAT ARE EXCESS SHALL BE
WO RE
585
D ASPHALT REMOVED FROM THE SITE AND DISPOSED OF IN ACCORDANCE WITH ALL LOCAL, STATE, AND
NIT STOANDS
WTR
U E
R TL FT (R)
FEDERAL REGULATIONS.
STM
G
13 WE ,814 S C
ST-
586
WTR
36 .85 A
586
EX 0
STM
ST
12 ALL AREAS OF UNDERGROUND DEMOLITION; UTILITY LINE REMOVAL; AND UNDERGROUND TREE,
ST- REMOVE
587
SAN
ST EX STUMP, AND VEGETATION REMOVAL SHALL BE BACKFILLED.
REMOVE STORM PIPE
REMOVE STORM PIPE
6
REMOVE
58
-11 BACKFILLING SHALL PROMPTLY FOLLOW UNDERGROUND DEMOLITION OR REMOVAL WORK AND
X CB REMOVE STORM PIPE
32.85' E SHALL CONTINUE AS THE DEMOLITION PROGRESSES.
S62°34'05"E
REMOVE
R
CONTRACTOR SHALL BE RESPONSIBLE FOR APPLYING FOR AND OBTAINING ALL NECESSARY
WT
STM N
(616) 454-5554
SA
DEMOLITION PERMITS AND PAYING FOR ANY ASSOCIATED PERMIT FEES.
G
REMOVE STORM PIPE SAN
STM
STM
CONSTRUCT PERMANENT TO FIRST JOINT, 20' MIN
415 LEONARD STREET,
S
BULKHEAD ON END OF NOTIFY ARCHITECT/ENGINEER OF ANY OTHER UNDERGROUND MATERIALS OR EQUIPMENT
REMAINING PIPE REMOVE CURB ENCOUNTERED DURING EXCAVATION NOT SPECIFICALLY NOTED ON THE DRAWING(S). GRAND RAPIDS, MI 49504
WV
WV
AND GUTTER
WV
#38
2 PRIVATE UTILITY REMOVAL - CONTRACTOR TO COORDINATE PRIVATE UTILITY (GAS, ELECTRIC,
N
SA
CP PHONE, CABLE, ETC.) REMOVAL WITH APPROPRIATE AUTHORITY. ALTHOUGH ALL PRIVATE UTILITY
R
ST
WT
E SERVICES MAY NOT BE SHOWN ON THIS DRAWING, CONTRACTOR IS RESPONSIBLE FOR REMOVAL
SAN
APL
N27°25'55"E 138.70'
STM
ST 6" M (R) OH-E OF SERVICE AS NECESSARY.
586
M
LOT
WTR
ING IN
WTR
STM
K 584 REMOVE EX. PUBLIC UTILITY REMOVAL - CONTRACTOR TO COORDINATE PUBLIC UTILITY (WATER, SEWER,
PAR MA
OH-E
EX TO RE POSTS S T STORM) REMOVAL WITH APPROPRIATE UTILITY COMPANY. ALTHOUGH ALL PUBLIC UTILITY
Monday, May-04-2026 at 10:20am O:\2212167GR Harbor 31 - The Meadows\Drawings - 2212167GR\Civil\03-Production Sheets (CD's)\167C-101 - Demo Plan.dwg jledy
M
PO ST
W
V
SERVICES MAY NOT BE SHOWN ON THIS DRAWING, CONTRACTOR IS RESPONSIBLE FOR REMOVAL
N
585
SA
ST
586 PSOT OF SERVICE AS NECESSARY.
S
587
PO W
TR
RELEASE DATE
E
588 APL
IT IS ANTICIPATED THAT A PRIVATE WELL AND SEPTIC SYSTEM MIGHT BE PRESENT. CONTRACTOR
G
E
4" M
APL(R)4"
M
OH
-E DATE DESCRIPTION
SAWCUT & REMOVE SALVAGE EX. GRATE AND FRAME TO REMOVE ENTIRE WELL AND SEPTIC SYSTEMS IN ACCORDANCE WITH GOVERNING AGENCIES.
PROTECT EX. STORM STRUCTURE 03-12-26 PUD AMENDMENT
CONCRETE SIDEWALK
SAWCUT & REMOVE WHERE CURBING OR PAVEMENT IS INDICATED TO BE REMOVED, IT SHALL BE SAWCUT FULL 04-14-26 PUD AMEND. REV1
SAN
N
TR
CONCRETE SIDEWALK
SA
W
ST
M
DEPTH. REMOVE TO THE NEAREST JOINT, IF THE JOINT IS WITHIN 3 FEET OF THE REMOVAL LINE.
588
VERIFY REMOVAL LIMITS WITH ENGINEER PRIOR TO BEGINNING WORK.
-E
OH
REMOVE CURB T
OS
G
AND GUTTER REMOVE CURB E XP
AND GUTTER TM
S
R S
WT
E E
-
OH
(R)
G
N
WV
SA
208 DEMOLITION LEGEND
SAN
R
# WT
CP
WV
G G
G
M
EX. DRIVE PLE
ST
(R)4" MA APL
E (R) SA
N
-E
BP WV
E
(R) REMOVE THESE ITEMS
4" M OH
STM
REMOVE CONCRETE & SIDEWALK
586
WTR
SAN S
SAN SAN
58
SAN
WTR
M
ST M SAN ST
7
SAN
SAN
REMOVE BITUMINOUS
SAWCUT &
SAN
VIRIDIAN DRIVE
S SAN
SAWCUT &
S
383
ST M
REMOVE ASPHALT C P# REMOVE ASPHALT REMOVE BITUMINOUS (BY OTHERS)
24
#70
WV CP REMOVE CURB & GUTTER
WV
WV
WTR WTR
WTR WTR WV WTR WTR WTR
WTR WV
REMOVE THESE ITEMS
SAN
WTR
S T
WV
E
PO
H-
O
WTR WTR REMOVE WATER MAIN
WV
N
SA STM STM REMOVE STORM SEWER
PROJECT
E
H-
O
N
SA
2212167GR
N SA
N
THE EXISTENCEAND LOCATIONOF ANY UNDERGROUNDUTILITY
N SHEET
E
SA
H-
PIPES,CONDUITSOR STRUCTURESSHOWNON THESEPLANSWAS
O
OBTAINED BY A SEARCH OF THE AVAILABLE RECORDS. THE
CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY
N
MEASURESTO PROTECTTHE UTILITY LINES SHOWN ON THESE
DRAWINGS. THE CONTRACTORFURTHERASSUMESALL LIABILITY
EXISTING CONDITIONS &
DEMOLITION PLAN
SA
AND RESPONSIBILITYFOR THE UTILITY PIPES, CONDUITS OR
SA
N
STRUCTURESSHOWNOR NOT SHOWNON THESEDRAWINGS.THE
CONTRACTORSHALLPOTHOLEALL EXISTINGUTILITIESTO VERIFY
E
H-
O
THE LOCATION AND ANY DISCREPANCYBETWEEN THE PLANS 0 30' 60'
SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
C-101
Page 469 of 551
S SAN SAN SAN V
SAN WV W
PROPOSED LEGEND
SAN
OWNER: VIRIDIAN SHORES
S
G
WV
LAND CO., LLC OWNER: DDLH, INC
STM
PARCEL #: 61-24-817-000-0000-00 OWNER: NEWACRE, LLC
PARCEL #: 61-24-840-000-0000-00 CONCRETE SIDEWALK
EX 8" WATER
PARCEL #: 61-24-607-000-0008-00
WTR
TR
STM
ZONING: PUD
W
S
SAN ZONING: PUD S
ZONING: PUD STANDARD DUTY BITUMINOUS
SAN
ER
FI
B CRACK FILL AND SEAL COAT
SNOW STORAGE AREA
PARADIGMDESIGN
G
X X X X X X
STM
X
STANDARD CURB & GUTTER
ARCHITECTS | ENGINEERS
WTR
LANDSCAPE CURB
R
WT
X
SAN
PROPERTY LINE
415 Leonard Street NW, Suite 200
X
WTR WTR EXISTING POTABLE WATER Grand Rapids, MI 49504
UG-T
WTR WTR PROPOSED POTABLE WATER (616) 785-5656
X
UG-E
SAN SAN EXISTING SANITARY SEWER
STM
G
EX. HYDRANT Grand Rapids | Phoenix
X
X
PROPOSED SANITARY SEWER
STM
SAN SAN
X EX. HYDRANT www.paradigmae.com
X E STM STM EXISTING STORM SEWER
R
WT
E
PROPOSED US SIGNAGE
S X X
SD PROPOSED STORM SEWER
X
SD
X X
WTR WTR WTR WTR
WTR E E
EX 8" WATER E
UG-T
G G EXISTING GAS LINE
UG-T
UG-E UG-E
UG-E
UG-E UG-T UG-E UG-E EXISTING UNDERGROUND ELECTRIC
CONNECT TO EXISTING CONNECT TO EXISTING UG-T
FL
DRAINAGE STRUCTURE ' 586 EXISTING CONTOUR
8" WATER MAIN 26
WTR
STM
STM
PROPOSED PAVEMENT
G
STM
586 PROPOSED CONTOUR
FL
ST STM STM ST STM STM ST STM STM STM
WTR
EX 18" STORM
EX. SIDEWALK
PROPOSED
S63°03'51"E 287.49'
26'
SIDEWALK, TYP.
ST
FL
M
PROPOSED
6
58
PROPOSED 585
CROSSWALK 58
5 SITE DATA:
FL
STORM SEWER
G
132' WT
R R200' G G
SITE: 2.56 ACRES
R200' G
OVERLAND OVERFLOW
WTR
R20' R20' 585 ZONED:IBC MAINSTREET WATERFRONT (MSW)
WTR
FL
5'
POINT = EL 586.2' USE: LARGE MULTI-PLEX (ALLOWED BY RIGHT)
FL
WT
STM
R
586
X X
FL
SD
X
MINIMUM LOT AREA: 7,500 SFT
X
X E
X FIBER E
584 MINIMUM LOT WIDTH: 75'
X
FUTURE WATER QUALITY BASIN AND / OR STRUCTURES
X
18' TYP.
X
EX. SIDEWALK MAXIMUM LOT WIDTH: 100'
DEPENDING ON FUTURE SITE DESIGN BY OTHERS. 11 R5' EXISTING WOOD FENCE MINIMUM LOT DEPTH: 100'
X
R5'
X
WILLIS MONTE HADLOCK, P.E.
585
VIRIDIAN DRIVE
MAXIMUM BUILDING HEIGHT: 6 STORY
FL
SD
THIS PARCEL WILL NEED TO PROVIDE IT'S OWN WATER
WTR
586
MI - REGISTRATION #6201045738
24' BUILDING 3 EXP. DATE 09/02/2027
QUALITY MANAGEMENT PRIOR TO CONNECTING TO
X
EX 12" WATER
X
R5' 6' ±3,090 SF FRONT BUILDING SETBACK: 0-15'
THE PROVIDED STORM SEWER CONNECTION POINT R3' PROJECT
WTR
3 STORY APARTMENTS SIDE BUILDING SETBACK (STREET SIDE): 0-15'
585
PROPOSED 3
X
PROPOSED STORM SIDE BUILDING SETBACK (NON-STREET SIDE): 0'
24'
4 UNITS / FLOOR
X
STM
SD
WATER QUALITY
THE MEADOWS
FFE = ±587.0 REAR BUILDING SETBACK: 0'
OFF SITE STRUCTURE
585
FL
G
R2.5'
X
R5' STRUCTURE
586
X
IMPROVEMENTS
584
585 PROPOSED STORM SEWER PARKING DATA:
N27°25'55"E 197.93'
BY OTHERS
WTR
X
WV
PROPOSED PARKING: 60 OFF-STREET PARKING SPACES
X
586
SD
14 (INCLUDES 4 BARRIER FREE SPACES)
CONNECT TO EX 8 ON-STREET PARKING SPACES
X
X
FL
586 SD SD SD SD SD SD SD
X
SD
X X X X
SAN
X X X X
SAN S
STORM MANHOLE 68 TOTAL SPACES
X SAN X
584
X
X X
SAN
X SAN
WTR
X X
SAN
25'
X X
SAN SAN X X X
SAN X
ST
PROPOSED BICYCLE PARKING: 16 SPACES
S STM
STM STM
X STM STM
X
STM
SD SD STM STM STM
(20% OF PROPOSED VEHICLE PARKING SPACES OF 68 SPACES = 14 SPACES)
X
EXTEND 18" STORM SEWER LINE
WTR
X
PARKING SPACE: 9' x 18'
MUSKEGON
SD
ING PROPOSED 6" SANITARY
G
FL
PROPOSED 25 FT WIDE STORM
X
U I LD TO PROPERTY LINE AND PLACE DRIVE AISLE: 24'
SEWER SERVICE 6
G B IN CAP FOR FUTURE CONNECTION & SANITARY SEWER ESMT.
X
X
TIN REMYA STATE
LAKEFRONT, LLC
SAN
I S FRONT PARKING SETBACK: 40'
R20'
EX 8" SEWER
X
STM
EX DTO E G
EX 18" STORM
VALL UILDIN PROPOSED 6" SANITARY CONNECT TO EXISTING
PROPOSED ROOF SIDE PARKING SETBACK (STREET SIDE): 5'
X
N B
SAN
E
GRA ERSITY .51
SD
X
DRAIN PIPING SIDE PARKING SETBACK (NON-STREET SIDE): 0'
I V 8 7 SEWER LATERAL, CONNECT STORM STRUCTURE
SD
N 5
U F.F.= REAR PARKING SETBACK (STREET SIDE): 5'
587
FL
WTR
586
SIDEWALK SCUPPER
X
X
TO PROPOSED MANHOLE PROPOSED 12'x12'
586
BUILDING 4
WTR
PROPOSED WATER DUMPSTER ENCLOSURE WITH METAL PLATE MUSKEGON, MICHIGAN
585
±3,090 SF
X
X
3 STORY APARTMENTS QUALITY STRUCTURE R20'
PROPOSED FIRE &
SD
WTR
4 UNITS / FLOOR EXIST 18"Ø R.C.P.
SD
WATER SERVICE, TYP.
X
X
FL
G
FFE = ±587.0 STORM SEWER 5 WTR
PROPOSED WATER 5' DEVELOPER
X
X
STM
QUALITY BASIN
SAN
EXISTING WETLANDS TOP 586.0', BTM 584.5'
TRUE PROPERTY
SD
584
X
SD
X
PROPOSED BICYCLE RACK, (TO REMAIN UNDISTURBED) 585
586
RESOURCES, LLC
R
586 WE
SD
X
2 BICYCLES PER RACK, TYP.
X
PROPOSED ROOF DRAIN 6" SE
32.85' PIPING INTO BASIN EX
X
585
X
SD
SD
S62°34'05"E
R
R5'
WT
X
4
58
X
PROPOSED BASIN OUTLET
N
SA
G
STM SAN
STM
X
PROPOSED WATER CONTROL STRUCTURE
14' R8'
S
X
STM
QUALITY BASIN
X
SD
EXISTING WOOD FENCE
586
TOP 586.0', BTM 584.5' BUILDING 2 PROPOSED 2" WATER,
X
X
WV
586
WV
±3,090 SF
OWNER: GRAND VALLEY 8" FIRE & 6" SANITARY
WV
SIDEWALK SCUPPER 3 STORY APARTMENTS
X
X
STATE UNIVERSITY SEWER SERVICES
N
WITH METAL PLATE 4 UNITS / FLOOR
SA
PROPOSED STORM SEWER ST
R
6
SD
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Page 470 of 551
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0 50' 100' THE LOCATION AND ANY DISCREPANCYBETWEEN THE PLANS
SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN ENGINEER.
Page 471 of 551
Page 472 of 551
PUD Amendment Narrative
Project Name: The Meadows
Project Number: 2212167GR
Date: March 12, 2026
Property Address: 170 Viridian Drive
Parcel Number: 61-24-604-000-0004-00
City: Muskegon, MI
Context Area: Main Street Waterfront (MSW)
Summary of Requested PUD Amendments
The applicant requests approval of a Planned Unit Development (PUD) amendment to allow
flexibility from specific Form-Based Code standards due to significant site constraints created by
regulated wetlands. The requested amendments include:
• Allowing multiple principal buildings on a single parcel where only one (1) principal building
per lot is otherwise permitted.
• Allowing reduced front yard parking setbacks where strict compliance is not practicable
due to environmental constraints.
• Allowing adjusted parking placement and configuration to accommodate required parking
while avoiding impacts to regulated wetlands.
All other applicable standards of the approved PUD and the City of Muskegon Form-Based Code
are intended to remain in effect.
Project Description
The applicant requests approval of a Planned Unit Development (PUD) amendment for the property
located at 170 Viridian Drive to allow construction of a new residential development consisting of
four (4) Large Multi-plex buildings, each containing twelve (12) dwelling units, for a total of 48 units.
Each building will be served by an associated off-street parking area.
Based on the City of Muskegon Form-Based Code, the subject parcel is located within the Main
Street Waterfront (MSW) Context Area, where Large Multi-plex buildings are permitted by right. The
Creating Success Since 1974 | Grand Rapids, MI | Scottsdale, AZ | www.paradigmae.com
Page 473 of 551
proposed development complies with the allowed building type and overall intent of the Form-
Based Code to encourage residential development in waterfront-adjacent areas.
Site Constraints and Wetland Impacts
A large regulated wetland occupies the central portion of the site and significantly limits the
amount, location, and configuration of buildable upland area. The presence of the wetland restricts
building placement, parking layout, internal circulation, and the ability to subdivide the property
into multiple compliant parcels.
As a result, there are limited feasible development options that avoid wetland disturbance. The
proposed site plan represents the most reasonable development pattern that preserves regulated
natural features while allowing residential use consistent with the Form-Based Code. The
requested PUD amendment provides the flexibility necessary to accommodate development while
minimizing environmental impacts.
Parking
Off-street parking requirements for residential uses are governed by Section 2008.00 – Off-Street
Parking Standards of the City of Muskegon Form-Based Code. Under these standards, the
maximum off-street parking requirement is one (1) parking space per dwelling unit.
The proposed development includes forty-eight (48) dwelling units. While a maximum of forty-eight
(48) off-street parking spaces would be required under Section 2008.00, the applicant proposes
Sixty (60) off-street parking spaces, along with fifteen (15) on-street parking spaces, for a total of
Seventy five (75) parking spaces serving the development.
In accordance with Section 2007.05 – Public Realm Type Overview, Viridian Drive is classified as a
Transitional Street, which supports on-street parallel parking. The proposed on-street parking is
consistent with this street classification and is intended to supplement off-street parking in a
manner that supports the function of the public realm.
The proposed parking supply is intended to adequately accommodate anticipated residential
demand while maintaining safe and functional site circulation. Parking areas are distributed to
serve each building and are located to avoid impacts to regulated wetlands. Therefore, the
Creating Success Since 1974 | Grand Rapids, MI | Scottsdale, AZ | www.paradigmae.com
Page 474 of 551
applicant requests approval of a PUD amendment to allow the proposed parking placement and
configuration.
Multiple Buildings on a Single Lot
Section 2006.13.5 of the Form-Based Code limits development of Large Multi-plex buildings to one
principal building per lot. The proposed development includes four (4) principal buildings on a
single parcel.
Subdivision of the property into multiple lots is not feasible due to the centrally located wetland,
which prevents the creation of independent, compliant parcels with adequate access, utilities, and
buildable area. Maintaining a single parcel allows development to occur only within the limited
upland portions of the site and avoids unnecessary wetland disturbance, while still providing a
cohesive and orderly residential development consistent with the Form-Based Code.
Therefore, the applicant requests approval of a PUD amendment to allow multiple principal
buildings on a single parcel.
Front Yard Parking Setback
Parking placement is regulated under Section 2005.07, Section 5.0 – Parking Placement, which
restricts parking within the front yard to a minimum of forty (40) feet from the front property line.
Due to the wetland constraints on the site, strict compliance with the forty (40)-foot front yard
parking setback is not practicable. The wetland significantly limits alternative parking locations and
constrains site design. The proposed parking placement represents the most reasonable and
minimal departure necessary to accommodate required parking while maintaining functional
access, internal circulation, and preservation of regulated natural features.
The intent of the front yard setback standard—to promote orderly development and maintain visual
quality along the public realm—is preserved to the greatest extent feasible given the site’s
environmental constraints. Therefore, the applicant requests approval of a PUD amendment to
allow a reduced front yard parking setback.
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Page 475 of 551
Adjacent GVSU Parking Encroachment and Relocation
The subject property is adjacent to a Grand Valley State University (GVSU) building. An existing
GVSU parking lot currently encroaches onto the subject parcel.
As shown on the submitted site plans, the encroaching parking will be removed and relocated
entirely outside of the subject property. This relocation will be completed by others and is not part
of the proposed construction. Removal of the encroachment will restore full use of the site in
accordance with the proposed development plan.
Stormwater Management
Stormwater management for the subject property will be provided in accordance with the approved
Harbor 31 Overall Stormwater Management Plan. Final stormwater design will be completed in
coordination with the City of Muskegon Public Works and Engineering Department during the site
plan and construction document stages to confirm system capacity, connection points, and any
necessary localized improvements. This coordinated approach ensures compliance with City
standards while maintaining consistency with the approved Harbor 31 PUD stormwater framework.
Conclusion
The proposed PUD amendment meets the City of Muskegon PUD criteria by:
• Providing flexibility where strict ordinance compliance is impractical due to natural
features;
• Preserving and avoiding impacts to regulated wetlands;
• Promoting efficient, functional, and orderly site design;
• Remaining compatible with surrounding institutional and mixed-use development; and
• Advancing the general intent and purpose of the zoning ordinance and the City’s long-term
planning goals.
• For these reasons, the applicant respectfully requests approval of the proposed PUD
amendment.
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Page 476 of 551
Page 477 of 551
Page 478 of 551
Page 479 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Purchase of vacant lot at 1338 Arthur for
Future Housing Infill
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
This lot is ideal for infill housing and is being offered to the City with a waiver of the Land Bank "5 in 50
Rule" for $3,500.
Detailed Summary & Background:
This lot is ideal for infill housing and is being offered to the City with a waiver of the Land Bank "5 in 50
Rule" for $3,500.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$3,500 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
Housing Fund (447) Yes X No N/A
Recommended Motion:
Motion to approve the lot purchase agreement as presented for 1338 Arthur and to authorize the
Mayor and Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Page 480 of 551
Legal Review X
Page 481 of 551
PURCHASE AGREEMENT
AGREEMENT between Muskegon County Land Bank Authority (Seller) of 173 E. Apple
Ave., Muskegon, Michigan 49442 and City of Muskegon (Buyer) of 933 Terrace St,
Muskegon, MI 49440.
The parties to this agreement to convey real estate agree as follows:
1. SELLER'S DISCLOSURE STATEMENT: Seller is the Muskegon County Land Bank
Authority and is exempt from providing a Seller’s Disclosure Statement. Seller has not
occupied the property and makes no representation regarding the condition of the
property or suitability for any intended use. Seller advises buyer to seek legal counsel
before signing any agreement.
2. PROPERTY DESCRIPTION: Buyer offers to buy property located in Muskegon
County, PN#61-24-205-254-0001-00 commonly known as 1338 Arthur St, Muskegon,
MI 49442 and legally described as (see legal description attached as Exhibit A) subject
to existing building and use restrictions, zoning ordinances, and easements if any.
Seller agrees to grant Buyer at closing the right to make any divisions allowable under
Section 108 (2), (3), and (4) of the Michigan Land Division Act.
3. PRICE: Buyer offers to buy the property for the sum of Three Thousand Five
Hundred Dollars ($3,500.00).
4. TERMS: The Terms of Purchase will be as indicated by “X” below:
(Other unmarked terms of purchase do not apply.)
×CASH The full purchase price upon execution and delivery of Quit Claim Deed. Buyer
Agrees to provide Seller verification of funds within five (5) days of the date this
Agreement is fully executed.
5. ACCEPTANCE: Written acceptance of this offer by buyer and seller must be
obtained by 5pm on May 15, 2026 or the offer is null and void. Acceptance of the offer
constitutes a binding agreement between the Buyer and Seller. Buyer agrees to deposit
$0, into an escrow account set up for the purpose of completing this sale, within 48
hours of the acceptance of the offer as a good faith deposit to apply to the purchase
price. If the Buyer defaults under the terms of the contract, any and all monies
deposited by Buyer shall be retained by the Seller as liquidated damages. If the Seller
defaults under the terms of the contract, the deposit shall be returned to the Buyer in full
termination of the agreement.
6. TERMS: Buyer will deliver the full purchase price at closing upon execution and
subsequent delivery of a Quit Claim Deed by the Seller. Buyer is responsible for
obtaining title insurance and any settlement fees.
7. BUYER'S PURCHASE CONTINGENCIES: Buyer's obligation is not contingent upon
the sale or exchange of any other property by Buyer.
Page 1 of 4
Page 482 of 551
8. FIXTURES AND IMPROVEMENTS: All improvements and appurtenances are
included in the purchase price including, if there now, the following: all buildings;
landscaping; lighting fixtures, shades and bulbs; ceiling fans; drapery, curtains, shades,
blinds and hardware; kitchen appliances built-in, including garbage disposal; wall to wall
carpeting; attached mirrors, shelves, and workbenches; water softener (unless rented),
water heater; sump pump; incinerator; water pump and pressure tank; heating and air
conditioning units (window units excluded); attached humidifiers; heating units including
wood stoves; fireplace screens, doors, grates, and inserts; liquid heating or cooking
units and equipment; and detached storage buildings, and certain other personal
property to be agreed upon by Buyer and Seller prior to closing. Buyer agrees to
make any improvements as mandated by local municipality ordinance.
9. PROPERTY TAXES AND ASSESSMENTS: Seller will pay all delinquent taxes prior
to closing. All taxes billed or to be billed in the year of closing will be paid by the
buyer. Buyer agrees to assume the balance of any existing special assessment; and
pay any installments, which are due and payable on the property in the year of the
closing.
10. SURVEY: The Buyer may arrange and pay for a boundary stake survey with
improvements and easements showing on the survey. The Buyer shall have the right to
terminate this agreement if the survey reports are not acceptable to the Buyer by giving
written notice within seven (7) calendar days after this agreement is fully executed.
11. INSPECTIONS: The Buyer may arrange and pay for an inspection of the buildings
on the property. The Buyer may arrange and pay for inspections for termites or pests,
plumbing, heating, venting, air conditioning, electrical, structural, and roof. The Buyer
shall have the right to terminate this agreement if the inspection reports are not
acceptable to the Buyer by giving written notice within five (5) calendar days after this
agreement is fully executed. Buyer agrees that Buyer is not relying on any statement or
representation by Seller except as expressly set forth in this agreement. Buyer agrees
to accept premises at closing "as-is", if substantially similar to the conditions at
inspection. In the event of a loss or casualty to the premises, the Buyer may elect to
terminate the agreement by written notice to the Seller.
12. CLOSING: Closing will be held on or before June 30, 2026.
13. POSSESSION: Seller will maintain the property in its present condition until the
completion of the closing of the sale. Physical possession to be delivered to the Buyer
at closing. Seller will remove all personal property, with the exception of personal
property to be transferred to the Buyer pursuant to Paragraph 7 of this agreement; and
make arrangement for final payment of utilities; and deliver all keys to Buyer at the date
of delivery. Buyer is responsible for eviction of any occupants.
14. SUCCESSORS AND ASSIGNEES: The terms of this contract shall bind all
successors, heirs, administrators, trustees, executors and assignees of the parties.
15. DISCLOSURES: The undersigned have read the above information, understand
it, and verify that it is correct and accept all the above terms and conditions. Buyer and
Page 2 of 4
Page 483 of 551
Seller acknowledge that they will seek legal, tax, environmental and other appropriate
professional advice regarding this transaction. Buyer further agrees that the Buyer is
not relying on any representation or statement made by Seller regarding any aspect of
the property or the sale transaction, except as expressly set forth in this agreement, or
amendment to this agreement. This agreement is the final expression of the complete
agreement of the parties and there are no oral agreements existing between the parties
relating to this transaction. This agreement may be amended only in writing signed by
the parties and attached to this agreement. The parties agree that any signed copy of
this agreement transmitted by facsimile or other electronic means shall be competent
evidence of its contents to the same effect as an original signed copy.
16. PRIOR OWNER PURCHASE: In the event of a sale to a prior owner of the
property, Buyers acknowledge and agree that, pursuant to the Michigan Supreme Court
Opinion in the case of Rafaeli, LLC v. Oakland County, Buyers have a vested property
right to the surplus proceeds resulting from the tax foreclosure sale of the Property.
Buyers freely and voluntarily waive any right, title or interest in or to any surplus
proceeds resulting from the tax foreclosure sale of the Property by the Muskegon
County Treasurer or the Muskegon County Land Bank Authority. Buyers hereby further
agree to indemnify, defend and hold the Muskegon County Land Bank Authority
harmless from and against any and all losses, claims, expenses, damages, costs
(including attorney fees) and causes of action of any kind which may be brought by
Buyers with respect to the surplus proceeds resulting from the tax foreclosure sale of
the Property. The waiver indemnification provisions contained in this paragraph shall
survive the termination or expiration of this Agreement, and shall not be deemed
merged into any deed delivered to Buyers hereunder.
Buyer hereby acknowledges receipt of a copy of this agreement.
Buyer(s):
_______________________________ _______________________________
_______________________________ _______________________________
Print name as to appear on documents Print name as to appear on documents
Buyer address: ________________________________
Email: ________________________________
Buyer phone: ________________________________
Date signed: ________________________________
Seller hereby acknowledges receipt of a copy of this agreement.
Page 3 of 4
Page 484 of 551
Seller: _____________________________________
Tony Moulatsiotis, Chairman
Print name as to appear on documents
Seller address: 173 E. Apple Ave., Suite 104
Muskegon, MI 49442
Seller phone: 231-724-6170
Date signed: ________________________________
Page 4 of 4
Page 485 of 551
Exhibit A
Legal Description of Property:
The Northerly 84 Feet of Lot 1, Block 254, Revised Plat of 1903 of the City of
Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County, Michigan,
Muskegon County Records
Page 486 of 551
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: SafeBuilt Contract Amendment
Submitted by: Timothy Kozal, Public Safety Department: Public Safety
Director
Brief Summary:
Approve two amendments to the SafeBuilt contract:
1. Liquor license fees and re-inspection fees to be deleted in their entirety.
2. Rental program fee schedule change.
Detailed Summary & Background:
1.Liquor License Fees: ‘Liquor License Inspection & Re-Inspection Fees,’ is hereby deleted in its
entirety
2. Rental Program fee schedule:
• A 3% inflator will be implemented January 01, 2027 and every January 1st thereafter
through December 31, 2029.
• A rate-opener will be held to determine the rate for years beginning January 01, 2030
and thereafter.
• Rental Program Revenue Sharing shall be subject to a 50/50 split for all annual revenue
in excess of $400,000. The City shall retain the first $400,000 in annual revenue.
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Increase revenue
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
n/a Yes No N/A X
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Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A X
Recommended Motion:
Motion to approve amended contract
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment to the Professional Services Agreement (the “Agreement”) is effective May
____, 2026 by and between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440 (“City”), and SAFEbuilt Michigan, LLC, wholly owned subsidiary of
SAFEbuilt, LLC, with an address at 444 North Cleveland, Suite 444, Loveland, CO 80537 (“SAFEbuilt”).
City and SAFEbuilt are individually referred to as a "Party" and may be collectively referenced as the
"Parties."
AMENDMENT
1. Liquor License Fees. Section 2 of Exhibit B to the Agreement, titled ‘Liquor License Inspection
& Re-Inspection Fees,’ is hereby deleted in its entirety.
2. Rental Program Fee Schedule. Section 6 of Exhibit B to the Agreement is hereby amended and
replaced in its entirety to read as follows:
• A 3% inflator will be implemented January 01, 2027 and every January 1st thereafter
through December 31, 2029.
• A rate-opener will be held to determine the rate for years beginning January 01, 2030 and
thereafter.
• Rental Program Revenue Sharing shall be subject to a 50/50 split for all annual revenue in
excess of $400,000. The City shall retain the first $400,000 in annual revenue.
3. Full Force and Effect. The Agreement remains in full force and effect except as amended by this
First Amendment.
4. Counterparts, Electronic Signatures. This Amendment may be executed in counterparts, and
each set of duly delivered identical counterparts which includes all signatories, shall be deemed to
be one original document. Electronic copies and/or electronic signatures shall be considered valid
and enforceable.
This First Amendment is effective as of the Effective Date.
[SIGNATURE PAGE ON FOLLOWING PAGE]
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[SIGNATURE PAGE]
CITY – SAFEbuilt –
CITY OF MUSKEGON, a Michigan SAFEbuilt Michigan, LLC, a Michigan
municipal corporation limited liability company
By: _____________________________
Name: Ken Johnson
Title: Mayor By: ______________________________
Date: ______________ Name:
Title: ____________________________
By: _____________________________ Date: _______________
Name: Ann Marie Meisch
Title: City Clerk
Date: ______________
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Police Patrol Wage Union Contract
Agreement
Submitted by: Tim Kozal, Public Safety Director Department: Public Safety
Brief Summary:
Updated wage scale and wage adjustment effective July 1, 2026, for the Muskegon Patrol Union.
Detailed Summary & Background:
The current Patrol Union Contract did not include updated wages for the last two years of the
contract, which required discussions with the union to finalize. The City and the Muskegon Patrol
Union agreed to a new wage scale and wage adjustment for calendar years 2027 and 2028. These
adjustments are set forth in Appendix A. These wage adjustments shall occur on July 1 of each
calendar year, starting July 1, 2026 and are built into the FY 2026-27 budget.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
n/a Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-301-703 Yes No X N/A
Recommended Motion:
Motion to approve the Memorandum of Agreement between the City of Muskegon and the
Fraternal Order of Police Labor Council
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x
Head
Information
Technology
Other Division Heads
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Communication
Legal Review x
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Development and Reimbursement
Agreement — Encore at Harbor Theatre, 1937
Lakeshore Dr.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Lakeside Development Properties, LLC is seeking approval of the development and reimbursement
agreement for their Encore at Harbor Theatre, 1937 Lakeshore Dr. project.
Detailed Summary & Background:
The draft development and reimbursement agreement between the Brownfield Redevelopment
Authority (BRA), the City of Muskegon, and the developer extends through 2052, or until all eligible
activities have been reimbursed though tax increment financing (TIF) capture, whichever occurs first.
The Brownfield Plan Amendment was approved by the BRA on April 14, 2026, and the development
and reimbursement agreement was approved on May 12, 2026.
The development and reimbursement agreement complements the Brownfield Plan Amendment by
defining the specific terms, conditions, and timeline for reimbursement.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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 development and reimbursement agreement as presented and to authorize
the Mayor and City Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Public Act 381 of 1996, as amended
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Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
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BROWNFIELD PLAN DEVELOPMENT AND REIMBURSEMENT AGREEMENT
THIS BROWNFIELD PLAN DEVELOPMENT AND REIMBURSEMENT AGREEMENT
(the "Agreement"), is entered into on , 2026, between the CITY OF
MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY, a Michigan public
body corporate established pursuant to Act 381 of the Public Acts of 1996, as amended, MCL
125.2651 et seq. ("Act 381"), whose address is 933 Terrace Street, Muskegon, Michigan 49440
(the "Authority"), and LAKESIDE DEVELOPMENT PROPERTIES, LLC a Michigan
limited liability company, whose address is 3597 Henry Street, Suite 200, Muskegon, Michigan
49441 (the "Developer").
RECITALS
A. The Authority was created by the City of Muskegon (the “City”) pursuant to the
Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of
1996, as amended (“Act 381”). Pursuant to Act 381, the Authority has prepared a
Brownfield Plan, which was duly approved by the City of Muskegon Board of
Commissioners (the “Brownfield Plan”).
B. The Developer owns approximately 0.21 acres of property in the City of Muskegon at street
addresses 1937 Lakeshore Drive, Muskegon, Muskegon County, Michigan (the
“Property”), which is legally described in the attached Brownfield Plan Amendment (the
“Plan Amendment”) attached as Exhibit A, and which is a “housing property” as defined in
Act 381.
C. The Plan Amendment was recommended for approval by the MBRA on April 14, 2026,
and approved by the City of Muskegon Board of Commissioners on May 12, 2026.
D. The Developer proposes to repurpose the existing structure into a three-story, mixed-use
building including lower-level commercial space and integrated parking with upper levels
comprised of 11 owner-occupied, market rate residential units. The Project will have the
effect of assisting in the redevelopment of the Property, increasing housing inventory,
increasing the tax base, creating jobs, otherwise enhancing the economic vitality and quality
of life in the County.
E. Act 381 permits the Authority to capture and use the property tax revenues generated from
the incremental increase in property value of a redeveloped brownfield site constituting an
“eligible property” under Act 381 to pay or to reimburse the payment of costs of conducting
activities that meet the requirements under Act 381 of “eligible activities” (hereinafter the
“Eligible Costs”).
F. By undertaking the Project, the Developer incurred and will incur Eligible Costs, which
include costs associated with building demolition, infrastructure improvements to support
housing activities, Plan Amendment preparation and development, and Plan Amendment
implementation, all as defined in the Plan Amendment.
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G. The Authority has incurred and will incur certain eligible administrative expenses
associated with the Plan Amendment (the “Administrative Costs”), for which it seeks
reimbursement from Local Tax Increment Revenue (“Local TIR”), including Plan
Amendment implementation.
H. Following reimbursement of all amounts due the Developer and all amounts payable to the
Authority as Administrative Costs from applicable Local TIR (as defined below), additional
tax increment revenues will be deposited into the local brownfield revolving fund for up to
five full years, which is in accordance with Section 13(5) of Act 381, which limits such
deposits to be made for no more than five years after the time that capture is required to pay
the Eligible Costs.
I. In accordance with Act 381 and subject to the terms of this Agreement, the parties desire to
use the Local TIR that are generated from an increase in the taxable value of the real and
personal property resulting from the redevelopment of the Property to which the Authority
is entitled to receive (the “Tax Increment Revenues”) to reimburse the Developer for the
Eligible Costs, to pay the Authority for Administrative Costs and to fund a local brownfield
revolving fund pursuant to Act 381.
J. The parties are entering into this Agreement to establish the procedure for such
reimbursement and funding.
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Terms and Conditions
Therefore, in exchange for the consideration in, and referred to, by this Agreement, the parties
agree as follows:
1. Capture of Taxes: During the Term of this Agreement, the Authority shall capture only
those Tax Increment Revenues that are lawfully eligible for capture under Act 381 and that are
specifically authorized for capture in the Brownfield Plan and any approved Plan Amendment for the
Property all available Tax Increment Revenues from the Property and use those Tax Increment
Revenues as provided in this Agreement.
2. Submission of Costs: For those Eligible Costs for which the Developer seeks
reimbursement from the Authority, the Developer shall submit to the Authority:
(a) a written statement detailing the costs;
(b) a written explanation as to why they are Eligible Costs;
(c) copies of invoices from contractors, engineers or others who provided such service,
or, for the Developer's personnel for whose services reimbursement is being sought,
detailed time records showing the work performed by such individuals; and
(d) copy of occupancy permit
(e) copies of local required building permits, inspection reports, and any other
information which may be required by the Authority or its auditors.
3. Payments:
a. The Tax Increment Revenues received by the Authority shall be paid to the Developer
to reimburse it for Eligible Costs actually paid by the Developer. Local TIR generated
from the Property shall first be retained by the Authority in an amount equal to 5% of
the annual Tax Increment Revenues up to the maximum amount allowed annually for
Administrative Costs under Act 381 for all Authority projects. After retention of such
Local TIR, Tax Increment Revenues shall be used to reimburse the Developer for
Eligible Costs, provided, however, if Developer has not paid any applicable professional
fees and costs (legal, environmental, etc.) incurred by the Authority related to
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Developer’s request to use Project Tax Increment Revenues to reimburse it for Eligible
Costs within 30 days of being invoiced for such costs, the Authority is authorized to pay
such costs from Project Tax Increment Revenues before such Project Tax Increment
Revenues are used to reimburse Developer. The amount of Project Tax Increment
Revenues used to pay such costs shall be subtracted from Developer total Eligible Costs
and Developer shall not be entitled to reimbursement of such amount. The Authority
shall have no obligation to reimburse the Developer for Eligible Costs from Tax
Increment Revenues captured and received by the Authority after the 22-year Developer
reimbursement period. Tax Increment Revenues shall be distributed according to the
Cost Table included as Exhibit B.
b. Unless the Authority disputes whether such costs are Eligible Costs or the accuracy of
such costs, the Authority shall, after review by an Authority Board member or the City
Economic Development Coordinator and approval by the Authority Board, pay to the
Developer the amounts for which submissions have been made pursuant to Section 2 of
this Agreement within 30 days after the Authority Board has approved such payment
provided Tax Increment Revenues have been received from which the submission may
be wholly or partially paid and provided, further, an occupancy permit shall have been
issued for those portions of the Project for which there are Eligible Costs. If a partial
payment is made by the Authority because of insufficient Tax Increment Revenues, the
Authority shall make additional payments toward the remaining amount within 30 days
of its receipt of additional Tax Increment Revenues until all of the amounts, for which
submissions have been made, have been fully paid to the Developer or to December 31,
2048, whichever occurs first.
c. Adjustments: If, due to an appeal of any tax assessment or reassessment of any portion
of the Property or for any other reason, including but not limited to fraud,
misrepresentation, use of funds for ineligible costs, failure to complete the Project as
approved, the Authority is required to reimburse any Tax Increment Revenues to the
County, City, or any other tax levying unit of government, the Authority may deduct
the amount of any such reimbursement, including interest and penalties, from any
amounts due and owing the Developer. If all amounts due the Developer under this
Agreement have been fully paid or the Authority is no longer obligated to make any
further payments to the Developer, the Authority shall invoice the Developer for the
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amount of such reimbursement and the Developer shall pay the Authority such invoiced
amount within 30 days of the Developer's receipt of the invoice. Amounts invoiced and
paid to the Authority by the Developer pursuant to this paragraph shall be reinstated as
Eligible Costs for which the Developer shall have the opportunity to be reimbursed in
accordance with the terms, conditions and limitations of this Agreement. Nothing in
this Agreement shall limit the right of the Developer to appeal any tax assessment.
4. Reporting:
a. The Developer shall provide to the Authority, within 30 days after the Project
receives an occupancy permit, and annually thereafter no later than May 1 of each
year during the Term of reimbursement under this Agreement, a report of the
following, as applicable, for the preceding calendar year pursuant to reporting
requirements under Section 16 of Act 381:
1. Total investment and new capital investment since the prior year’s
report.
2. Square footage of new construction or renovation, whether residential,
commercial, or other use, and use of new or renovated space.
3. New jobs created.
4. Total number of housing units.
5. Other information required to be reported to the State of Michigan to
verify compliance with Act 381 unless that information is readily
available to the Muskegon County Treasurer.
5. Interpretation: This is the entire agreement between the parties as to its subject. It
shall not be amended or modified except in writing signed by the parties. It shall not be affected by
any course of dealing and the waiver of any breach shall not constitute a waiver of any subsequent
breach of the same or any other provision.
6. Assignment - Binding Effect: This Agreement and the rights and obligations under
this Agreement shall not be assigned or otherwise transferred by either party without the consent of the
other party, which shall not be unreasonably withheld, provided, however, the Developer may assign
its interest in this Agreement to an affiliate without the prior written consent of the Authority, provided,
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any such assignee shall acknowledge to the Authority in writing on or prior to the effective date of
such assignment its obligations upon assignment under this Agreement, provided, further, that the
Developer may make a collateral assignment of the Tax Increment Revenues after review of such
assignment and consent by the Authority’s legal counsel and approval of the Authority. As used in
this paragraph, “affiliate” means any corporation, company, partnership, limited liability company,
trust, sole proprietorship or other individual or entity which (a) is owned or controlled by the
Developer, (b) owns or controls the Developer or (c) is under common ownership or control with the
Developer. This Agreement shall be binding upon any successors or permitted assigns of the parties.
7. Indemnification: Developer agrees to indemnify and hold City of Muskegon, the City
of Muskegon Brownfield Redevelopment Authority, as well as all officers, agents, employees, and
assigns thereof harmless, including attorneys fees, against (a) any and all claims by any person claiming
for personal or property injuries or damage due to the Developer’s redevelopment of the Property
provided pursuant to the terms of this Agreement, and/or (b) claims by any third parties which may
arise out of, or be related to, the Developer’s redevelopment of the Property pursuant to this Agreement.
Developer shall not be obligated to indemnify any persons under this section if the liability arises out
of the person’s negligence, willful misconduct, or breach of this Agreement or the negligence or willful
misconduct of any person or entity acting by, through or under any such persons.
8. Term: This Agreement shall terminate when all reimbursements and payments
contemplated under this Agreement have been paid or DATE.
8.9.
WHEREFORE, this Agreement has been executed as of the date first written above.
CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
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__________________________________
By:
Its:
CITY OF MUSKEGON
__________________________________
By:
Its:
__________________________________
By:
Its:
LAKESIDE DEVELOPMENT PROPERTIES, LLC
__________________________________
By:
Its:
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EXHIBIT A
Brownfield Plan Amendment
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EXHIBIT B
Financial Consideration Between the Parties
Summary of approved Eligible Costs
Eligible Activities Cost
To the Authority $62,265
Administration (5%) $62,265
To the Developer $823,500
Local $823,500
To Brownfield Revolving Funds $359,526
Local $359,526
Total approved costs $1,245,291
Local TIR $1,245,291
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Muskegon Farmers Market Grant &
Professional Services Authorization
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Staff is seeking approval to accept a state grant in the amount of $481,267 from the MI Department
of Agriculture and Rural Development (MDARD) as well as approval of a Professional Services
Authorization for the renovation and expansion of the Muskegon Farmers Market (MFM).
Detailed Summary & Background:
The city recently received a state grant from MDARD in the amount of $481,267 for the expansion of
Kitchen 242 as well as expansion of the barn at the Muskegon Farmers Market (MFM). Kitchen 242 is a
licensed shared-use commercial kitchen that supports food entrepreneurs, value-added producers,
and farmers. It is a critical link between local agriculture and affordable food access. The initial
phase of the project would include using approximately $231,267 of the grant to increase the
commercial kitchen capacity to support additional food entrepreneurs, year-round production, and
small business growth. The second phase of the project would include utilizing $250,000 of the grant
to begin expansion efforts of the barn to offer year-round food access. The expectation is that this
renovation and expansion will allow for increased winter capacity, additional vendor stalls, and
enhanced programming space. This is the largest capital component and would proceed as
additional funding sources are secured.
State grant funds must be spent by 12/31/27. The total project cost will be finalized as design and
bidding are completed. Preliminary estimates are $1.5-2M. The MDARD grant provides approximately
a third of the funding. A community capital campaign will be conducted to secure the balance.
Staff has worked with Integrated Architecture to develop a Professional Services Authorization
Agreement to develop this full project scope of work. The professional services would be paid using
the grant funds.
The Muskegon Farmers Market (MFM) has always served as a cornerstone of food access, local
economic development, and community connection in Muskegon County. The City of Muskegon is
appreciative that these state funds will support 100+ food-based small businesses annually; drive
substantial seasonal foot traffic to downtown Muskegon; circulate federal nutrition assistance dollars
directly to local farmers; serve as an entry point for emerging food entrepreneurs; and strengthen the
West Michigan regional food system.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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Amount Requested: Budgeted Item:
$65,000 to Integrated Architecture, Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
252-808-801 Yes X No N/A
Recommended Motion:
I move to accept the state MDARD grant funding in the amount of $481,267, and authorize the City
Clerk to sign the Professional Service Authorization Agreement.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review X
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PROFESSIONAL SERVICES AUTHORIZATION
Date 30 April 2026
Client City of Muskegon, Ms. Ann Marie Meisch, MMC, City Clerk, [email protected]
Architect Integrated Architecture, 840 Ottawa Avenue NW, Grand Rapids, Michigan 49503
Project Muskegon Farmers Market Renovation + Addition
IA Project 20250503
Authorization 002
This form authorizes Integrated Architecture to provide professional services on the above-mentioned project. Such
services shall be performed within the guidelines described below.
1. PROJECT TITLE TO BE USED
Muskegon Farmers Market Renovation + Addition
2. SCOPE OF WORK TO INCLUDE
Work effort and associated costs for project is based on Concept Design prepared by IA which includes interior
renovations, 520sf garage expansion, cooler/freezer area renovations, as well as TBD extended scope of work that is to
be determined. Construction Documentation will be completed in BIM format.
We understand that the scope of work and related professional services in Step 2b is undetermined. We have suggested
hourly allowances to assist the City with optimizing the remaining grant funds for use in various building improvements
at the City's discretion.
Hourly CA services may include effort for architectural and structural shop drawings, submittals, RFI's, on-site progress
review meetings, punch list/closeout walkthrough, attendance at OACM meetings. CA excludes 3rd party Design Review,
Inspections and Functional Performance Testing/Commissioning as may be necessary to meet energy code
requirements (assumed direct with contractor).
3. METHOD OF COMPENSATION/BUDGET
Fixed Fee for Defined Scope of Work:
Implementation Phase 1 | Garage + Freezer/Cooler:
• Architectural IA $24,000.00
• Structural Engineering JDH $5,000.00
• MEP Engineering E3M $8,500.00
• Civil Engineering
o Topographical Survey F&V $4,200.00
o Construction Documents F&V $5,200.00
• Contractor Selection Assistance IA (Allowance) $2,000.00
Hourly Allowance for Defined Scope of Work:
Conceptual Design & Fundraising Graphic Support:
• Architectural IA (Allowance) $10,000.00
Hourly Allowance for Defined Scope of Work:
Construction Administration Hourly
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Muskegon Farmers Market – Professional Services Authorization 002
IA Project No. 20250503 30 April 2026
Reimbursable expenses include, but are not limited to, municipal fees, printing, renderings, telephone, travel, and
postage charges. We recommend an allowance of $1,500 for expenses such as these. These costs are in addition to Basic
Services and reimbursable to Integrated Architecture. Reimbursable expenses will be billed at direct expenses plus 10%
(consultants fee x 1.10).
4. ADDITIONAL PROVISIONS
• If modifications to previously issued Concept, Bidding, Permitting or Construction Documents are requested by
Owner or Construction Manager to mitigate cost increases and/or lead-time impacts, the Architect will perform the
work as an additional service.
• Coordination with Design/Build contractors under separate contract with owner/contractor, occurring after the
issuance of permit documents, will be performed on an hourly basis in addition to the professional services costs
indicated.
• The Architect commitments as set forth in this Agreement are based on the expectation that all of the services
described in this Agreement will be provided. In the event Client later elects to reduce design professional’s scope of
services, Client hereby agrees to release, hold harmless, defend and indemnify Architect from any and all claims,
damages, losses or costs associated with or arising out of such reduction in services.
• The Architect shall not be responsible for any acts or omissions of the Contractor, any subcontractor, any entity
performing any portions of the Work or any agents of employees of any of them. The Architect does not guarantee
the performance of the Contractor and shall not be responsible for the Contractor’s failure to perform its Work in
accordance with the Contract Documents or any applicable laws, codes, rules or regulations.
• The Architect shall not have control over, charge of, or responsibility for the construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall
the Architect be responsible for the Contractor’s failure to perform the work in accordance with the requirements of
the Contract Documents or for acts or omissions of the Contractor or of any other persons or entities performing
portions of the Work.
• Compensation for Additional Services of the Architect’s consultants shall be the amount invoiced to the Architect plus
10% (consultants fee x 1.10).
• Instruments of Service: Drawings, specifications, and other documents, including those in electronic format, prepared
by the Architect and the Architect’s direct consultants, are Instruments of Service for use solely with respect to this
Project. The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective
Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights.
• Terms of Payment: Payments are due and payable 30 (thirty) days from the date of the Architect’s invoice. Amounts
unpaid 45 (forty-five) days after the invoice date shall bear interest at the rate of 1.5% per month or maximum legal
rate, whichever is less, or in the absence thereof at the legal rate prevailing from time to time at the principal place of
business of the Architect.
• Risk Allocation Limitations: Integrated Architecture’s liability for any and all claims, including but not limited to, those
claims arising out of the Architect’s professional services; negligence; professional errors or omissions; strict liability;
breach of contract or warranty, expressed or implied; gross misconduct; or misrepresentations shall be limited to the
amount of our fee paid for services performed on that particular project under this agreement.
• Excludes: landscape design, geotechnical, environmental, AV/IT/Low-Voltage/Security/Fire
Protection system design and engineering, food service design, deep foundation engineering, plan review/permit fees,
additional effort for multiple/early bid packages, FF&E, sustainability certifications, revisions to documents for value
engineering or cost-savings revisions following the issuance of construction documents, as-built construction
documents, cost estimation.
5. FORM OF AGREEMENT
This authorization, signed by both parties, will serve as a mutual agreement to the terms defined above.
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Muskegon Farmers Market – Professional Services Authorization 002
IA Project No. 20250503 30 April 2026
6. CONTRACT SUMMARY
Professional Services Authorization 001 dated 13
May 2025 $ 5,000.00 Stipulated Sum, plus reimbursable expenses
Professional Services Authorization 002 – Fixed
Fee $ 48.900.00 Fixed Fee, plus reimbursable expenses
Professional Services Authorization 002 – Hourly Hourly Allowance, plus reimbursable
Allowance $ 10,000.00 expenses
Prompt written notice is required if the services indicated are not needed.
PROPOSED BY (Architect): AUTHORIZATION GIVEN BY (Client):
Integrated Architecture Signature Client Signature
Scott Vyn, Design Principal
(Printed Name and Title) (Printed Name and Title)
(Contract Date) (Date)
p:\2025\20250503_muskegon_farmers_market\contracts\draft\260430_psa_002_cd_fundraising_graphics_ca.docx
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2026 BILLING RATES
Principal............................................................................................................................................ $250.00
Director of Architecture................................................................................................................ $250.00
Director of Design .......................................................................................................................... $250.00
Director of Marketing .................................................................................................................... $170.00
Director of Interior Design ........................................................................................................... $165.00
Senior Project Manager ............................................................................................................... $175.00
Senior Design Architect................................................................................................................ $170.00
Senior Project Architect ............................................................................................................... $170.00
Project Manager ............................................................................................................................. $165.00
Senior Construction Representative ........................................................................................ $160.00
Senior Designer .............................................................................................................................. $165.00
Design Architect ............................................................................................................................. $155.00
Project Architect ............................................................................................................................. $155.00
Designer ........................................................................................................................................... $150.00
Senior Interior Designer .............................................................................................................. $145.00
Job Captain ...................................................................................................................................... $130.00
Senior Landscape Designer ........................................................................................................ $125.00
BIM Manager ................................................................................................................................... $135.00
Interior Designer ............................................................................................................................ $130.00
Senior Architectural Technician................................................................................................. $125.00
Architectural Technician .............................................................................................................. $125.00
Executive Assistant........................................................................................................................ $105.00
Administrative/Studio Assistant ................................................................................................ $100.00
Brand Strategist ............................................................................................................................. $120.00
*Rates are subject to revision annually.
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Proposal for the Expansion of the Muskegon Farmers Market and Kitchen 242
Executive Summary
The Muskegon Farmers Market (MFM) is a cornerstone of food access, local economic development, and
community connection in Muskegon County. Since relocating to its current downtown location in 2014, the
market has grown into one of Michigan’s most successful farmers markets, serving between 6,000–8,000
visitors on peak summer Saturdays and approximately 1,000 visitors during Winter Market Saturdays.
The Muskegon Farmers Market is a major access point for SNAP/EBT and Double Up Food Bucks in our region.
In 2025, combined EBT and Double Up Food Bucks redemptions at the market represented a significant share
of overall market activity, demonstrating strong demand for affordable, locally grown and produced food
among Muskegon County residents. The Michigan Farmers Market Association (MIFMA) has informally noted
that the Muskegon Farmers Market ranks among the highest-performing markets in the state for EBT and
Double Up usage, second only to Eastern Market in Detroit; while this comparative information is not publicly
published, our reported redemption totals provide clear, measurable evidence of the market’s role in
improving food access and supporting both shoppers and local farmers. Summary of MFM EBT/Double Up
Food Bucks since 2010 is included.
Economic and Food Access Impact
Measuring the full economic and food access impact of the Muskegon Farmers Market presents challenges
common to farmers markets nationwide. Individual farmers and food vendors are reluctant to share
proprietary sales data, and precise measurement of total food volume sold is difficult to capture consistently
across independent businesses. For this reason, our primary impact indicators focus on vendor participation,
regional sourcing, consumer traffic, food access utilization, and small business development outcomes.
In 2025, the Muskegon Farmers Market hosted 38 farmers selling fresh produce and meat, along with 48
additional food artisans and prepared food vendors. Of the 38 farmers, 12 were based in Muskegon County.
The remaining farmers represented a strong regional footprint: Kent County (8), Mason (3), Newaygo (2),
Mecosta (1), Oceana (7), and Ottawa (5). This regional sourcing model reinforces the market’s role as a critical
aggregation hub for West Michigan agricultural producers while ensuring Muskegon County residents have
direct access to locally grown food.
The market operates 170 stalls and supports 86 farmer and food vendors during peak season. Most farmers
occupy multiple stalls to accommodate high product volume. From June through September (and often into
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October), the market attracts 6,000 to 8,000 or more visitors on Saturdays alone according to two Rapid
Market Surveys that we have had conducted (one by MSU Extension in 2016 and one by MIFMA in 2024),
generating significant direct-to-producer sales and increased downtown economic activity.
While individual vendors do not consistently track total food volume brought to market, sustained vendor
retention, stall utilization, and repeat participation serve as strong indicators of sales viability and economic
benefit. The market’s consistently high EBT and Double Up Food Bucks redemption rates demonstrates public
demand for food products resulting in revenue generation for local producers. These programs channel
federal nutrition dollars directly to farmers, multiplying their economic effect within the local food economy.
From May through November, the Muskegon Farmers Market offers 170 stalls across 31 Saturday market
days, reaching full stall capacity for 15 of those weeks—demonstrating sustained vendor demand and strong
market utilization during peak season. During the winter market season, from December through April, the
market operates at capacity with nearly 30 vendors participating each week, demonstrating year-round
demand and sustained revenue opportunities for local food businesses.
Consistent vendor retention reflects strong partnerships with the city as well as the strength, stability, and
long-term value the market has within the regional agricultural community. Two farm families have
collectively been selling at the market for nearly 100 years, demonstrating multi-generational commitment
and sustained economic viability. In addition, nine farmers have participated consistently for 25 to 60 years,
and six more have maintained vendor relationships for 10 years or longer. This level of longevity is a strong
indicator of the market’s reliability as a sales outlet, its ability to support farm succession, and its role in
maintaining a stable, resilient local food system.
Here are some other things that we do know:
In addition to direct-to-consumer sales, the Muskegon Farmers Market plays an important role in
strengthening wholesale and institutional food purchasing relationships within the community. In 2025,
Muskegon-area schools purchased approximately 134,000 pounds of locally grown produce, representing an
investment of $168,000 in the regional agricultural economy.
Several farmers who participate in the Muskegon Farmers Market also sell wholesale to local institutions.
While wholesale transactions occur outside of the market itself, we can verify that at least one market farmer
was directly involved in these school purchases. These relationships were likely facilitated through
connections, visibility, and trust built at the farmers market, which serves as a key networking and
relationship-building platform for local producers and institutional buyers.
This institutional purchasing demonstrates that the farmers market functions not only as a retail outlet, but
also as a catalyst for broader food system economic activity. By supporting farmer viability, increasing
production capacity, and fostering buyer relationships, the market helps local producers access larger-volume
sales channels that extend its economic impact well beyond weekly market transactions.
Since its inception in 2016, the Fruitport Lions Senior Power of Produce program has generated $460,846 in
direct produce purchases from local farmers at the Muskegon Farmers Market, representing a significant and
sustained investment in the regional agricultural economy. This program not only increases food access for
older adults, but also ensures that program dollars flow directly to local producers.
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Research consistently shows that spending with locally owned businesses has a strong economic multiplier
effect. For every $1 spent locally, approximately $0.68 remains in the local economy, supporting farm viability,
related supply chains, and community-based employment. Applying this multiplier, the Senior Power of
Produce program has contributed well beyond its direct spending, reinforcing the farmers market’s role as an
economic engine and a food access hub for Muskegon County’s senior population.
In addition to the Senior Power of Produce program, the Muskegon Farmers Market partners with two
Muskegon County townships to administer senior nutrition initiatives funded through township senior mileage
allocations. In 2025, these partnerships directed $18,000 in township-supported produce certificates to senior
residents for use at the market. This collaboration has been sustained for at least five years (approximately
$100,000) creating a reliable, recurring investment in both senior nutrition and local agriculture. By converting
local tax-supported senior millage dollars into direct produce purchases, the program strengthens food access
for older adults while channeling public funds directly to local farmers, reinforcing the market’s role as both a
community health resource and an economic driver.
Since launching in 2014, the Muskegon Farmers Market’s Kids Power of Produce (POP) Program has directed
$71,168 in produce purchases to local farmers. This initiative not only introduces children to fresh, healthy
foods, but also creates a direct and consistent revenue stream for participating growers. By empowering
youth to make their own produce purchases, the program strengthens lifelong healthy eating habits while
simultaneously reinvesting dollars into the local agricultural economy. The Kids POP program demonstrates
how food access initiatives at the market generate measurable economic impact, supporting farmer
sustainability while fostering the next generation of informed consumers.
In this school year's group of 54 Muskegon Career Tech Center Hospitality & Food Management students, 84%
of students reported they had never been to the MFM before coming with a class field trip. 74% had never
been to any farmers market. 79% reported not knowing how a farmers market worked. After visiting, 100% of
students reported being confident that they could visit any farmers market in the future. 94% reported they
were very likely to visit the MFM with their parents or family members in the future. It is all about having kids
and families build relationships with their food, their farmers and their producers!
The Muskegon Farmers Market offers hands-on educational field trips for K–12 students designed to connect
youth with local food, agriculture, and healthy eating. Supported by grant funding, these field trips bring
students directly to the market for immersive learning experiences. Last year, the market received funding to
serve Muskegon Public Schools, a program that has been in development and implementation for nearly a
year. In 2025, an additional $13,000 in grant funding was awarded to expand these field trip opportunities to
all other school districts in Muskegon County.
During each visit, students participate in interactive activities that may include a scavenger hunt throughout
the market to learn about farmers, seasonal produce, and food systems, as well as a hands-on culinary
activity. Each student also receives tokens to shop the market and select fresh produce to take home,
reinforcing lessons around food choice, nutrition, and local agriculture. These field trips support experiential
learning, strengthen food literacy, and build meaningful connections between students, local farmers, and the
broader community food system.
Kitchen 242: Small Business Incubation & Economic Mobility
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Kitchen 242, the market’s shared-use commercial kitchen, is a critical driver of food entrepreneurship and
economic mobility in Muskegon County. Currently, 20 small food businesses operate from Kitchen 242 today.
Over the past 10 years, numerous graduates have transitioned into independent retail and production spaces.
Recent examples include:
• 490 Bakery, which now operates a retail storefront in the Lakeside Business district.
• Soulshine Juice, which has established its own production facility in Muskegon County and a retail
location in downtown Grand Haven.
Fourteen of the twenty current Kitchen 242 entrepreneurs currently use or have previously used the
Muskegon Farmers Market as their primary storefront. This platform allows emerging food businesses to test
products, refine their offerings, build brand recognition, and develop a loyal customer base before scaling into
permanent brick-and-mortar locations or advancing to their next stage of growth. This market-to-retail
pipeline demonstrates clear economic development outcomes, including small business creation, job
generation, increased commercial occupancy, and ongoing downtown revitalization.
Broader Economic Contribution
Taken together, the Muskegon Farmers Market and Kitchen 242:
• Support 100+ food-based small businesses annually
• Drive substantial seasonal foot traffic to downtown Muskegon
• Circulate federal nutrition assistance dollars directly to local farmers
• Serve as an entry point for emerging food entrepreneurs
• Strengthen the West Michigan regional food system
Even where precise food volume metrics are unavailable, vendor participation levels, regional sourcing data,
EBT sales and redemption rates, stall utilization, and documented small business growth provide consistent
and credible indicators of economic and community impact.
To meet rising demand for affordable, healthy food and to remove capacity constraints that limit vendor
participation and food production, the MFM proposes a $1.5 million expansion of the market’s Barn facility
and Kitchen 242. The project seeks $499,000 from the State of Michigan, with the remaining balance raised
through a private capital campaign. Construction may occur in phases, allowing flexibility and fiscal
responsibility.
The Muskegon Farmers Market was moved to its current location (on 4 acres of prime real estate in
downtown Muskegon) eleven years ago through a public/privately funded capital campaign that raised $4
million, demonstrating strong community support and confidence in the market’s mission. As the market plans
for its next phase of expansion, we anticipate again seeking public investment to help offset construction
costs, while also leveraging general fund resources and increased revenue generated by additional vendors to
support ongoing operations and maintenance. This blended funding approach reflects a sustainable model
that combines public support with earned revenue to ensure long-term financial stability.
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Phase One of the expansion easily could begin on July 1, 2026, with completion anticipated by June 30, 2027.
This phase will focus on core infrastructure improvements necessary to support increased market operations
and vendor capacity. Concurrently, the organization will conduct a capital campaign to raise funds for Phases
Two and Three, ensuring continued project momentum while building the financial resources needed for
subsequent stages of development. This phased approach allows construction and fundraising efforts to
proceed in parallel, reducing overall project risk and supporting timely completion of the full expansion plan.
This expansion will directly strengthen food security in Muskegon County by increasing year-round access to
local food; expanding cold storage and production capacity for food entrepreneurs; supporting farmers and
vendors; and scaling proven nutrition incentive and education programs.
The current space prevents scaling our food security and nutrition educational programing primarily during
the months of December through April, when the barn is fully occupied by vendors on market days. During
this time, there is no available space for nutrition education activities or food demonstrations. While we have
provided many nutrition-related activities to the community, the lack of flexible and dedicated space limits
both the number of participants we can serve and the depth of programming we can offer. We have local
programs that the market offers annually to kids and seniors that have been funded by local grants for 10
years. The Kids Power of Produce program expanded its offering last year and we are hosting field trips during
the week for teachers to bring their classes to the market. We recently received grant funding to continue that
programming for 2026 and expand its reach to all schools in Muskegon County. We also work with several
community partners to provide educational lessons and other resources; Muskegon Area Intermediate School
District, MSU Extension are two examples.
Community Need: Food Insecurity in Muskegon County
Muskegon County continues to face significant food insecurity, particularly among low-income households,
seniors, and families with children. Rising food costs, limited access to fresh produce, and seasonal gaps in
local food availability place ongoing strain on household food budgets.
The MFM has become a trusted and accessible solution. Through its central location, transit accessibility, and
robust nutrition incentive programs, the market reduces barriers to healthy food access while keeping food
dollars circulating locally. Demand for the market’s services—both from customers and food producers—now
exceeds existing infrastructure capacity, limiting the market’s ability to fully meet community need.
The proposed market expansion will serve as a catalyst for increased pedestrian activity in the downtown core
by strengthening access to fresh food in a highly walkable, transit-connected area. Located near the MATS
transit system and in a neighborhood currently lacking a full-service grocery store, the market is uniquely
positioned to meet daily food needs while drawing consistent foot traffic. This investment directly
complements multiple affordable housing developments completed or underway within blocks of the
market—adding more than 140 new housing units to the downtown. As new residents move into the area, the
expanded market will play a critical role in supporting food security, neighborhood vitality, and a more active,
connected downtown. This accessibility increases customer reliability and makes the market an attractive
sales outlet for food vendors.
In addition to foot traffic, EBT and Double Up Food Bucks sales are a major driver for farmers and food
vendors. These programs create predictable, values-aligned revenue streams and significantly increase
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purchasing power among customers who might otherwise have limited access to fresh food. Vendors
consistently cite these incentive programs as a reason for choosing to sell at MFM, as they translate directly
into higher sales volume and community impact.
MFM has a clear vendor selection priority: farmers and food vendors are prioritized over non-food vendors.
Food access remains the core mission. Expanded space would allow us to meet documented demand by
increasing the number of food-focused vendors, extending seasonal participation, and accommodating larger
or year-round agricultural producers—without diluting the market’s identity.
We would like to reiterate that funds from this grant will be used for the expansion of the Muskegon Farmers
Market’s existing infrastructure to include further buildout of the commercial kitchen and barn space. This
investment, built on proven demand, will allow Kitchen 242 and the barn to support more vendors, increase
year-round food production, and strengthen the market’s role as an economic and food access hub. These
expansions directly support existing farmers, food entrepreneurs, and consumers while maximizing the impact
of current EBT and incentive programs.
The completion of these immediate expansion projects will also facilitate a longer-term view to contemplate
additional long-term space strategies. We believe one of the keys to strengthening food access in Muskegon
includes the installation of a food co-op. However, the concept of a food co-op is not part of this funding
request. The city believes a food co-op is worthy of future consideration and remains in an early, exploratory
phase. We understand developing a viable co-op would require significant additional planning, feasibility
analysis, capital investment, and community engagement.
However, by focusing on scalable, near-term investments with demonstrated success, this project prioritizes
immediate economic development, small business growth, and improved food access, while preserving
flexibility to explore additional models—such as a food co-op—at a future time and location, once appropriate
planning and resources are in place.
Construction Phasing Plan & Contingency Approach
To ensure responsible financial stewardship and flexibility, the Muskegon Farmers Market expansion is
structured in three independent, scalable phases. Each component can be completed separately as funding
becomes available, without compromising the integrity of the overall project.
Phase 1: Expansion of Kitchen 242 – $231,267
This phase increases commercial kitchen capacity to support additional food entrepreneurs, year-round
production, and small business growth. The kitchen expansion is fully self-contained and can proceed
independently.
Phase 2: Restroom Expansion & Event Support Kitchenette – $212,677
This phase addresses critical infrastructure constraints that directly impact visitor experience, vendor
operations, and event capacity. The market currently serves 6,000 - 8,000 visitors on peak Saturdays during
summer months. Existing restroom facilities in the barn include:
• Two women’s stalls
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• One men’s stall and one urinal
With current attendance levels, restroom lines regularly form, particularly during peak hours and major
events. As we continue to expand vendor participation and increase winter and shoulder-season
programming, restroom capacity has become a limiting factor in our ability to grow safely and efficiently.
There are seasonal restrooms at the Morris St. pavilion which are used May – October – 2 stalls in the
women’s and one stall plus a urinal in the men’s.
The proposed expansion would:
• Increase restroom capacity to meet current and projected attendance
• Improve ADA accessibility and visitor comfort
• Support longer dwell times, which correlate directly with increased vendor sales
• Strengthen our ability to host larger events and year-round programming
• Add a small support kitchenette to serve barn-based events requiring water access and light prep
space
This phase ensures that infrastructure keeps pace with economic activity. Without restroom expansion,
growth in vendor participation and event programming will be constrained.
Phase 3: Barn Expansion – $1,035,580
The barn expansion represents the long-term growth phase, allowing for increased winter capacity, additional
vendor stalls, and enhanced programming space. This is the largest capital component and would proceed as
additional funding sources are secured.
As part of the barn expansion, upgrading the 12 existing overhead doors to high-visibility, insulated glass-panel
doors represents a strategic investment in economic growth. Increased natural light improves product
visibility, enhances the customer experience, and supports longer dwell times—factors directly correlated with
higher vendor sales. Modern insulated doors would also improve energy efficiency and winter climate control,
strengthening year-round operations and vendor retention. Additionally, greater transparency from the street
increases foot traffic and reinforces the market’s role as a downtown economic anchor. This could happen
prior to the rest of the expansion and could be part of Phase 1. $87,750
If Funding Falls Short
If funding does not fully support all requested components or we fail to reach fund raising goals, construction
would proceed in the following priority order:
1. Kitchen 242 Expansion (Highest Priority) - $231,267
Directly supports small business incubation and food production capacity.
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2. Improvements to Existing Barn area (Infrastructure Priority) – replace overhead barn doors, 12 each
$87,750
3. Restroom Expansion (Infrastructure Priority) $212,677
Necessary to accommodate current visitor volume and prevent infrastructure bottlenecks that limit
economic growth. The Restroom expansion and kitchenette are included together because of the
plumbing needed for both and they share walls.
4. Barn Expansion (Future Phase)
Designed as a standalone construction phase that can move forward when additional capital funding is
secured.
Each phase has been designed to be independently functional, preventing partially completed or unusable
spaces. Site preparation and utility planning will account for future expansion to avoid duplicative costs.
Project Overview
Total Project Cost: $1.5 Million
State of Michigan Request: $499,000
Remaining Funds: Privately funded through a capital campaign
The proposed expansion includes two primary components:
1. Expansion of Kitchen 242
2. Expansion of the Market Barn
Kitchen 242 Expansion: Strengthening the Local Food Supply
Kitchen 242 is a licensed shared-use commercial kitchen that supports food entrepreneurs, value-added
producers, and farmers. It is a critical link between local agriculture and affordable food access.
Current Challenges
• The existing walk-in freezer and cooler are full for most of the year.
• Two additional freezers (an upright and chest) are currently used to accommodate overflow needs.
• Limited cold storage capacity has directly constrained our ability to accept new food makers. From
April through November, both the walk-in cooler and freezer operate at or beyond capacity, with aisles
often filled with additional racks to meet the needs of existing businesses. As a result, we have had to
turn away qualified food makers solely due to the lack of available refrigerated and frozen storage, and
not for a lack of demand or market readiness. We currently have 20 food businesses working out of
Kitchen 242.
• The current kitchen layout creates several operational inefficiencies that affect daily use, food safety,
and overall program impact. Limited cooler, freezer, and dry storage space forces kitchen users to
constantly move products to access their own ingredients, slowing production and increasing the risk
of temperature control lapses. With more than 20 food businesses sharing these spaces and no
lockable storage areas, products and ingredients are accessible to all users. While we have fortunately
not experienced major incidents, items are regularly shifted, and on occasion products have been left
out of refrigeration simply because space is so constrained. The proposed reconfiguration and
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expansion directly address these challenges by increasing cold and dry storage capacity and
redesigning the kitchen with intentional food safety flow in mind. Plans include improved separation of
storage zones, lockable cooler, freezer, and dry storage areas for individual businesses, and clearer
circulation patterns that reduce cross-traffic and unnecessary handling of food. This is as much a food
safety and operational design opportunity as it is a need for additional square footage
Proposed Improvements
• Expansion of the walk-in freezer and cooler capacity.
• Reconfiguration and expansion of the kitchen, including moving the existing garage area. The garage
itself would not be expanded. Instead, it would be relocated to the property line to free up interior
space needed for the expansion of the commercial kitchen. This approach allows us to significantly
increase kitchen capacity and functionality within the existing footprint of the site. The existing garage
is needed so the building would be expanded and the garage moved.
• Increased dry storage for food businesses and market use.
Food Security Impact
• Enable more local food businesses to operate, increasing the volume and diversity of food.
• Allow farmers and makers to preserve seasonal products through freezing, reducing food waste and
extending availability year-round.
• Support small food entrepreneurs whom supply staple foods eligible for EBT and Double Up purchases.
Barn Expansion: Expanding Year-Round Food Access
The Market Barn houses the Winter Market, which operates Saturdays from Dec-April. Currently, the barn can
accommodate approximately 30 vendors, and weekly demand regularly exceeds capacity. The City of
Muskegon has issued an RFP to study the community’s need for a grocery store, and the farmers market is
being explored as a potential site and partner for a future food co-op. Demand for space is already evident: we
turned away at least 10 vendors for the winter market due to space constraints alone and we continue to get
requests. The proposed expansion would allow us to accommodate additional food vendors while also
creating dedicated space for nutrition education and community programming, strengthening both food
access and long-term food security outcomes or potentially house a food co-op.
Proposed Improvements
• Expansion of the barn to support up to 50 vendors.
• Installation of new overhead doors with windows to improve lighting and customer experience. Twelve
existing doors could be replaced before any expansion happens.
• Expansion of restroom facilities to reduce wait times.
• The addition of a small kitchenette would support barn rentals and special events, strengthening an
existing earned-income stream. The barn is rented out as an income stream when it is not being used
as a farmers market. Currently, barn rentals do not include access to Kitchen 242 for food safety
reasons, which means renters have no option for basic needs such as handwashing, potable water
access, or refrigeration. As a result, users rely on bringing their own coolers and using the restroom
sinks for potable water, which is inefficient and not ideal. A dedicated kitchenette would provide
appropriate, food-safe access to water and some refrigeration, improve the renter experience, and
allow the space to be used more effectively without compromising the safety or operations of the
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commercial kitchen. Even if we go in the direction of a food co-op access to potable water and
refrigeration would be a need.
• The Farmers Market’s operating revenue for 2025 was supported by a diverse mix of earned income,
program fees, and community-based support. Core market activities generate $171,744, reflecting
vendor stall fees and regular market operations. The shared-use kitchen contributes $36,567,
supporting food entrepreneurs and value-added producers, while event rentals ($7,205) and flea
market ($21,495) provide additional earned revenue through use of the market space.
• Program-related income includes processing fees for food programs ($25,000) and supplemental
income streams include alcohol sales ($4,117), and nearly $30,000 in fundraising activities, which
strengthen financial resilience and community engagement. Together, these line items demonstrate a
balanced and diversified income structure that supports both daily operations and long-term
sustainability of the market.
Food Security Impact
The barn expansion will:
• Increase the number of farmers and food vendors able to sell products year-round.
• Improve customer flow and comfort, encouraging consistent winter attendance.
• Expand vendor opportunities, increasing competition and affordability of fresh food.
• Support additional market days, special food-focused events, and community programming.
Proven Programs That Address Food Insecurity
The Muskegon Farmers Market is a statewide leader in nutrition access programs:
• EBT & Double Up Food Program: Ranked #1 in Michigan for participation, doubling the purchasing
power of SNAP households for fruits and vegetables.
• Senior Power of Produce: Serving more than 1,500 seniors from Muskegon County each summer,
improving nutrition and social connection.
• Kids Power of Produce: Engaging approximately 200 children on Saturdays, teaching healthy food
choices and increasing fruit and vegetable consumption.
• School Field Trips: Recently expanded through grant funding, hosting students from May through
November with hands-on food education.
• WIC and Senior Project Fresh: Direct farmer participation increases redemption rates and supports
local growers.
Market expansion will allow these programs to scale, reach more participants, and operate more efficiently
year-round.
Economic and Community Benefits
Beyond food access, the expansion will:
• Support local farmers, food makers, and small businesses.
• Create construction and ongoing economic activity.
• Enhance the market’s ability to serve as a community gathering space.
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While precise revenue projections are difficult to predict, we can reasonably estimate incremental gains
based on known demand and current fee structures. With additional space, we could accommodate up to
20 additional farmers and food vendors during the December–April winter market season. At an estimated
$30 per week per vendor over approximately 20 weeks, this would generate roughly $12,000 in additional
annual market revenue. If the study determines a food co-op is feasible at the market, it is assumed these
numbers would increase.
In addition, expanded kitchen and storage capacity would allow us to support an estimated 5–10
additional kitchen makers, generating modest but steady increases in kitchen rental and usage fees. While
these revenue gains alone are not transformational, they meaningfully strengthen earned-income streams,
improve space utilization during the winter months, and contribute to long-term financial sustainability
while advancing the market’s core mission of food access and local food production.
Conclusion
The expansion of the Muskegon Farmers Market and Kitchen 242 is a strategic, high-impact investment in
food security, local agriculture, and community well-being. By addressing infrastructure limitations, the
project will significantly increase year-round access to healthy, affordable food for Muskegon County
residents—particularly those most vulnerable to food insecurity.
With proven leadership in nutrition incentive programs and strong community demand, the Muskegon
Farmers Market is uniquely positioned to leverage State of Michigan support to deliver lasting, measurable
outcomes for families, seniors, farmers, and food entrepreneurs.
State investment in this project is an investment in resilience, equity, and a stronger local food system for
West Michigan.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 12, 2026 Title: Concurrence with the Housing Board of
Appeals Notice and Order to Demolish 779 Yuba
Street
Submitted by: Steven Stout, Housing Board of Department: Public Safety
Appeals
Brief Summary:
This is to request that the City Commission concur with the findings of the Housing Board of Appeals
that the structure is unsafe, substandard, public nuisance and that it be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the demolition of the
structure and that the Mayor and City Clerk be authorized and directed to execute a contract for
the demolition with the lowest responsible bidder.
• 779 Yuba Street
Detailed Summary & Background:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
BIDS Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
To concur with the Housing Board of Appeals decision to demolish.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x Section 10-81 & Section 10-371 through 10-382
Head
Information
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Technology
Other Division Heads
Communication
Legal Review
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Building and Inspection Services 933 Terrace St., Suite 201Muskegon, MI 49440
EN2401187-779 Yuba St
Case: Smallberg LLC
#1 2886 3 Mile Rd
Walker, Mi. 49534
INFORMATION:
On or around May ,14th, 2024, Staff observed the exterior of
the structure has begun to deteriorate at an alarming rate,
including falling bricks and a crumbling foundation. A Dangerous
Building inspection confirmed extensive damage; exterior walls
were bowing outward and had gone out of plumb.
Following the inspection, Staff contacted the owners and provided
time to get their affairs in order after explaining the requirements
of the Dangerous Building Ordinance and the next steps. In May
of 2024, the Owners expressed interest in remediation and
agreed to schedule an inspection. When no further action
occurred, Staff extended an additional two weeks in August 2024,
before ultimately issuing a Notice and Order due to continued
inaction.
In February 2025, an HBA Notice was sent and the owners
responded by scheduling an inspection. Due to the
unsecured and long vacant state of the building, staff
coordinated with Sgt Velik from MPD for initial safety
sweep. Upon arrival, Staff discovered the North wall had
Inspections Dept. 933 Terrace St., Ste 204, Muskegon, MI 49440 • 231-724-6715
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Building and Inspection Services 933 Terrace St., Suite 201Muskegon, MI 49440
collapsed. Given the extent of the structural failure, the
Chief Building Officer deemed an interior inspection
unsafe.
Staff immediately communicated the emergency to the
operations Manager of the property, who assured us that
the corrective action would be taken. An inspection report
and remediation timeline were provided. After further
evaluation with the Fire Marshal, Staff recommended
fencing off the hazardous area as a temporary safety
measure. We informed the Owner that if action was not
taken quickly, the City would have the site secured at the
owner's expense. Over a week passed with no response,
despite multiple follow up attempts by both Staff and the
Fire Marshal.
The Property was subsequently listed for sale, with the
stipulation that the adjacent property could not be sold with
out either a demolition or a remediation plan in place for
the structure.
STAFF RECOMENDATION:
Demolition of building.
No further contact has been made, and Staff has been
unable to achieve resolution with the current owners. The
building remains structurally compromised and unsafe.
Inspections Dept. 933 Terrace St., Ste 204, Muskegon, MI 49440 • 231-724-6715
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Building and Inspection Services •933 Terrace St., Suite 201 ,Muskegon, MI 49440
COMPLAINT NOTICE:
May 14th, 2024, DB complaint sent to owners.
Notice & Order:
On August 13th, 2024, The Notice and Order was sent
and posted.
On September 18th, 2024, A 10 day Notice of HBA
Hearing was sent and posted.
On October 29th, 2024 a 10 Day Notice of HBA Hearing
was sent and posted.
On July 7th, 2025, A 10 Day Notice of HBA Hearing was
sent and posted.
On August 7th, 2025, An HBA Determination letter was
sent and posted. All notices are sent via First Class and
Certified Mail as well posted to the property.
ADDITIONAL INFORMATION:
-This is a two, plus story building. It is 18,141 square feet
commercial building.
-SEV & Taxable value is $63,500 & $54,127.
-Effective age is 120 years old, built in 1905.
-Staff estimated cost for interior and exterior repairs at N/A
as the interior inspection has not been performed.
-The Building is in the Angel Commercial Neighborhood.
779 Yuba Street was declared for demolition by the
Housing Board of Appeals on August 7, 2025.
Inspections Dept. 933 Terrace St., Ste 204, Muskegon, MI 49440 • 231-724-6715
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