HomeMy WebLinkAboutLOD201800007 Action Letter 2018-06-05�'IRGINZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 5, 2018
Ashley Davies
Williams Mullen
321 East Main Street, Suite 400
Charlottesville VA 22902
RE: LOD201800007 - Proposed Pharmaceutical Processing Facility located on Tax
Map Parcel 056A3-00-00-00100 and 056A2-01-00-05800
Ms. Davies:
This letter is in response to the request of Williams Mullen to provide an official
determination for the use of a pharmaceutical processing facility on certain real property
owned by Route 240 LLC (the "Owner") and lying in Albemarle County, Virginia (the
"County"), situated on Tax Map Parcel 056A3-00-00-00100 and 056A2-01-00-05800
(the "Property").
Please be advised of the following:
1. The Property is currently zoned Light Industry LI (Chapter 18, Sections 26 and 27
of Albemarle County's Zoning Ordinance).
2. The intent of the Industrial Zoning Districts is established as follows:
Industrial districts are intended to be for the purpose of providing places of
employment and strengthening the local economic base in furtherance of the
economic development policy of the comprehensive plan. To this end, the
following shall be encouraged: (i) the establishment and continuation of industrial
uses and their supporting uses in the locations and at the levels of intensity
designated for those uses in the comprehensive plan; (h) the establishment of
new industrial uses that are appropriate for the character of the industrial
districts; and (iii) the enlargement and expansion of existing industrial uses.
3. According to the Commonwealth of Virginia and Virginia Department of Health
Professions Request for Applications for Pharmaceutical Processors (full copy
attached), A pharmaceutical processor is a facility that is authorized to: cultivate
Cannabis plants intended only for the production and dispensing of cannabidiol
(CBD) oil or THC-A oil; produce cannabidiol oil or THC-A oil; and, dispense
cannabidiol oil or THC-A oil to patients for treatment or to alleviate the symptoms
June 5, 2018
LZC2018-00007
Page 2
of any diagnosed condition or disease determined by a practitioner to benefit
from such use. With the exception of delivering dispensed oils under certain
conditions, the cultivation, production, and dispensing will occur on -site at the
address of record of the facility.
4. Pursuant to Albemarle County Code Section 18-26.2, Manufacturing / Processing
/ Assembly / Fabrication / Recycling are allowed as by -right uses within the LI
district. A pharmaceutical processing facility would be considered under this use
category, and thus is a by -right use in the LI district and on the Property.
Manufacturing/Processing/Assembly/Fabrication/Recycling.- The processing and/or
converting of goods, materials or products; the assembly of components, pieces or
subassemblies into articles or substances of different character, or for use for a different
purpose.
5. Subordinate retail sales for any use permitted by right are also a by -right use in
the LI district, provided the use does not exceed 25% of the gross floor area of
the primary industrial use.
Subordinate retail sales: The retail sale of products of a Laboratories/Research and
Development/Experimental Testing, Manufacturing/Processing/Assembly/Fabrication/
Recycling, or a Storage/Warehousing/Distribution/Transportation use that is located on
the same site as the industrial use.
6. The Property, at this time, is not subject to conditions from an approved special
exception, special use permit or variance application.
7. There are no known violations, exceptions, variances or nonconforming uses on
the subject property, at this time.
It has been determined that a "Pharmaceutical Processing Facility" as referenced
above shall be considered an industrial use as permitted under the category of
Manufacturing/ Processing/Assembly/Fabrication/Recycling, along with their
subordinate and supporting uses, in accordance with all applicable Federal, State and
Local regulations.
If you are aggrieved by this determination, you have a right to appeal it within thirty
(30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not
file a timely appeal, this determination shall be final and un-appealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with Chapter 18, Section
34.3 of the Albemarle County Code, along with a fee of $258 plus the actual cost of
advertising the appeal for public hearing.
June 5, 2018
LZC2018-00007
Page 3
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville,
Virginia 22902 or online at www.albemarle.orq/cdapps. This form applies to the appeal
of a decision of the zoning administrator or any other administrative officer pertaining to
the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are
located in Chapter 18, Section 34.3 of the Albemarle County Code. They may be
reviewed online at www.albemarle.orq/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be
viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free
plug-in is available at the bottom of www.albemarle.orq/cdapps.)
If I can be of further assistance please let me know.
Sincerely,
Bart .Svoboda
Chief of Zoning/Deputy Zoning Administrator
County of Albemarle, Virginia
Copy: John Blair, Assistant County Attorney
Amelia McCulley, Director of Zoning/Zoning Administrator