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4.
Planning Commission
Meeting Date:
06/03/2024
Initiator:
Jody King, Planning Director
Information
AGENDA ITEM TITLE:
Consider a recommendation to the City Council on the specific use permit for the property located at 1617 B North York Street, or take other necessary action.
LEGAL DESCRIPTION:
Tract 1 and 2 in Bailey's Acreage Addition to the City of Muskogee, according to the official plat thereof, Muskogee County, State of Oklahoma, Less street thereof.
BACKGROUND:
Mr. Jason Bushlow has applied for a specific use permit for the location at 1617 B North York Street. His proposed (existing) use is a medical marijuana grow. This location is not properly zoned for the use. Being currently zoned I-1 Light Industrial does not allow for medical marijuana grows as a permitted or even a special use. However, this existing business was operating under different ownership prior to Ordinance No. 4179-A, § 1, 2-27-2023, that permitted medical marijuana grows to only be located in agricultural zoning districts. Since the use has continued on under new ownership, the use of the land as a medical marijuana grow is considered a legally nonconforming use (grandfathered) under the City of Muskogee Code of Ordinances. Even though the land use has remained the same, the new owner is required to obtain a specific use permit before a certificate of compliance can be issued (90-23-01(D)).
Current Zoning & Use: I-1 Light Industrial, Medical Marijuana Grow, a legally conforming use.
Proposed Zoning & Use: I-1 Light Industrial, Medical Marijuana Grow, a legally conforming use.
NW quarter of the SE quarter of Section 24, Township 15 North, Range 18 West of the Indian Meridian.
Street Address: 1617 B North York Street
RECOMMENDED STAFF ACTION:
Recommend Approval
Fiscal Impact
Attachments
Staff Report
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