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Home My WebLink AboutLOD201800007 Application 2018-05-29 (2)Ashley C. Davies Direct Dial: 434.951.5725 adavies@williamsmullen.com May 29, 2018 VIA EMAIL and HAND DELIVERY: Mr. Bart Svoboda Chief of Zoning Community Development 401 McIntire Road Charlottesville, VA 22902 Re: Request for Official Letter of Zoning Determination Mr. Svoboda, On behalf of Route 240 LLC (the "Owner"), the owner of that certain real property located in Albemarle County, Virginia, situated on Tax Map Parcel No. 056A3-00-00- 00100 (the "Property"), we request an official letter of zoning determination regarding the use of the Property for a pharmaceutical processing facility. We would appreciate it if your office could provide a letter in substantially the form attached hereto confirming the items described therein, to the extent possible, for the Property. Additionally, I have enclosed a check to Albemarle County in the amount of $108.00, and a completed Albemarle County Application for Official Letter of Determination. Thank you for your assistance in this matter. If there is any additional information necessary to make your determination, please let me know. Sincerely, Ashley Davies 321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977 williamsmullen.com I A Professional Corporation [LETTERHEAD OF ZONING ADMINISTRATOR OF THE COUNTY OF ALBEMARLE, VIRGINIA] May _, 2018 Ashley Davies Williams Mullen 321 East Main St., Suite 400 Charlottesville, Virginia 22902-3200 Ladies and Gentlemen: At the request of Williams Mullen, we have examined our records with respect to that certain real property owned by Route 240 LLC (the "Owner") and lying in Albemarle County, Virginia (the "County"), situated on Tax Map Parcel Nos. 056A3-00-00-00100 and 056A2-01- 00-05800 (the "Property"). We have examined your request for an official letter of zoning determination letter regarding the use of the Property for a pharmaceutical processing facility. We are pleased to advise you that: 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; (ii) 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 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 Section 26.2, Manufacturing/Processing/Assembly/Fabrication/Recycling are allowed as by -right uses within the LI district. A pharmaceutical processing facility 1 would be considered under this use category, and thus is a by -right use in the LI district and on the Property. 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. 6. The Property is not subject to a special exception, special use permit or variance application. 7. There are no known violations, exceptions, variances or nonconforming uses on the subject property. Very truly yours, Zoning Administrator of Albemarle County, Virginia ON ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 26 INDUSTRIAL DISTRICTS - GENERALLY Sections: 26.1 INTENT, WHERE PERMITTED 26.2 PERMITTED PRIMARY AND ACCESSORY USES AND STRUCTURES; PROHIBITED USES AND STRUCTURES 26.3 INDEPENDENT OFFICE AND GENERAL COMMERCIAL USES; ADDITIONAL FACTORS WHEN CONSIDERING SPECIAL USE PERMITS 26.4 STRUCTURE HEIGHT 26.5 MINIMUM YARDS 26.6 SITE DEVELOPMENT AND USE 26.1 INTENT, WHERE PERMITTED 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; (ii) 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. Industrial districts are intended to be established in areas having all of the following characteristics: (i) the area is served by public water and sewer facilities; (ii) the area is served by major highway, rail or air service, or secondary roads improved to standards approved by the county; and (iii) the area is clearly demonstrated to be suitable for the intended uses, considering the physical characteristics of the land and the intended uses and their relationship to surrounding development. (§ 26.1, 12-10-80; Ord. 13-18(1), 4-3-13) 26.2 PERMITTED PRIMARY AND ACCESSORY USES AND STRUCTURES; PROHIBITED USES AND STRUCTURES (Formerly Application, Repealed 4-3-13) Uses and structures within the industrial districts are permitted as follows: a. Primary uses and structures. Primary uses and structures within the industrial districts are permitted by right, by special use permit, and by special exception as provided in the following table, subject to the applicable requirements of this chapter: Use LI III PD-IP Cat. i PD-IP Cat. 2 Manufacturing/Processing/Assembly/Fabrication/Recycling* BR BR BR BR Asphalt mixing plants. N SP N SP Brick manufacturing, distribution. SP BR SP BR 18-26-1 Zoning Supp. #105, 1-10-18 ALBEMARLE COUNTY CODE Use Ll Ill PD-IP Cat. I PD-IP Cat, 2 Cement, lime gypsum manufacture or processing. N SP N SP Chemical, plastics manufacture or processing. SP SP SP SP Dry cleaning plants (reference 5.1.49). SP BR SP BR Foundries (reference 5.1.50). N SP N SP Inorganic fertilizer manufacture or processing. N SP N SP Materials recovery facilities, privately owned and operated. SP BR SP BR Organic fertilizer manufacture or processing. SP BR SP BR Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20). SP BR SP BR Petroleum refining, including by-products (reference 5.1.20). N SP N SP Pulp or paper manufacture or processing. N SP N SP Recycling processing center. SP BR SP BR Rendering plants (reference 5.1.53). SP BR SP BR Sawmills, temporary or permanent; planing mills; wood yards (reference 5.1.15). SP BR SP BR Storage/Warehousing/Distribution/Transportation* BR BR BR BR Airports. SP SP SP SP Heavy equipment and heavy vehicle parking and storage yards. SP BR SP BR Heliports (reference 5.1.01). SP SP SP SP Helistops (reference 5.1.01). SP SP SP SP Junk yards (reference 5.1.10). N SP N SP Warehouse facilities where there may be the storage of gasoline, kerosene or other volatile materials, dynamite blasting caps and other explosives, pesticides and poisons, and other materials which may be hazardous to life in the event of accident. SP BR SP BR Wholesale businesses where there may be the storage of gasoline, kerosene or other volatile materials, dynamite blasting caps and other explosives, pesticides and poisons, and other materials which may be hazardous to life in the event of accident. SP BR SP BR Laboratories/Research and Development/Experimental Testing BR BR BR BR Offices** Independent offices; within structure existing or vested on or before April 3, 2014. BR BR BR BR 18-26-2 Zoning Supp. #105, 1-10-18 ALBE11ARLE COUNTY CODE Use Ll HI PD-IP PD-IP Cat.I Cat.2 Independent offices; within structure not established or not vested until after SP SP SP SP April 3, 2014. Independent offices; within expanded portion of structure where expansion SP SP SP SP not established or not vested until after April 3, 2014. Industrial offices. BR BR BR BR Public Uses, Utilities and Ser«ces, and Telecommunications Uses** Energy and communications transmission facilities (reference 5.1.12). SP SP SP SP Fire, ambulance and rescue squad stations (reference 5.1.09). BR BR BR BR Personal wireless service facilities, Tier I (reference 5.1.40). BR BR BR BR Personal wireless service facilities, Tier II (reference 5.1.40). BR BR BR BR Personal wireless service facilities, Tier III (reference 5.1.40). SP SP SP SP Public uses (reference 5.1.12). BR BR BR BR Stormwater management facilities shown on an approved final site plan or BR BR BR BR subdivision plat. Water, sewer, energy, communications distribution facilities (reference BR BR BR BR 5.1.12). Temporary Uses** Temporary construction headquarters (reference 5.1.18). BR BR BR BR Temporary construction storage yards (reference 5.1.18). BR BR BR BR Temporary events sponsored by local nonprofit organizations (reference SP SP SP SP 5.1.27). Temporary industrialized buildings (reference 5.8). BR BR BR BR Commercial Uses** Uses permitted by right or by special use permit in the Commercial (C-1), Commercial Office (CO) and Highway Commercial (HC) districts (collectively, "general commercial uses" as used in section 26.3) not SP SP SP SP otherwise expressly authorized by this section either by right or by special use permit; within structure existing or vested on April 3, 2013. Farmers' markets conducted in a permanent structure established after May SP SP SP SP 5, 2010 (reference 5.1.47). Farmers' markets conducted outdoors or within a temporary or a permanent BR BR BR BR structure existing on May 5, 2010 (reference 5.1.47). Hotels, motels, inns. SP SP SP SP Outdoor storage, display and/or sales serving or associated with a permitted use, other than a residential, agricultural or forestal use, any portion of which SP SP SP SP would be visible from a street within the entrance corridor overlay district to which it is contiguous or from any other street within the entrance corridor 18-26-3 Zoning Supp. #105, 1-10-18 ALBEMARLE COUNTY CODE Use LI HI PD-IP PD-IP Cat. I Cat.2 overlay district which is located within five hundred (500) feet; provided that review shall be limited to determining whether the outdoor storage, display and/or sales is consistent with the applicable design guidelines. Subordinate retail sales for any use permitted by right; use does not exceed BR BR BR BR 25% of the gross floor area of the primary industrial use. Subordinate retail sales for any use permitted by right; use exceeds 25% of SE SE SE SE the gross floor area of the primary industrial use. Supporting commercial; use does not exceed 25% of the gross floor area of BR BR BR BR the freestanding building or multiple buildings on an industrial site. Supporting commercial; use exceeds 25% of the gross floor area of the SE SE SE SE freestanding building or multiple buildings on an industrial site. Parking** Parking structures, as part of an occupied structure (reference 4.12, 5.1.41). BR BR BR BR Parking structures, stand alone (reference 4.12, 5.1,41). SP SP SP SP Parking area, stand alone (reference 4.12, 5.1.41). SP SP SP SP Uses Not Served By Public Water or Public Sewer** Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI) districts, not served by public sewer, involving anticipated discharge of SP SP SP SP sewage other than domestic wastes. . Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI) districts, not served by public water, involving water consumption exceeding SP SP SP SP four hundred 400gallons per site acre per day. Miscellaneous Dwellings and sleeping quarters, on -site (reference 5.1.21). BR BR BR :TBR Fill areas (reference 5.1.28) BR BR BR BR Waste areas (reference 5.1.28) BR BR BR BR * Applies to all uses within this use classification, as defined, except for those uses expressly identified in unshaded text below that use classification. **Heading is for organizational purposes only and is not a use classification. BR: The use is permitted by right. SP: The use is permitted by special use permit. SE: The use is permitted by special exception. N: The use is not permitted. b. Planned industrial parks and proffered industrial districts approved prior to April 3, 2013. Within the following planned industrial parks and proffered industrial districts, the uses permitted by right, by special use permit, and by special exception shall be as follows: Uses in planned industrial parks. The uses permitted by right and by special use permit in any planned development -industrial park (PD-IP) district approved prior to April 3, 2013, any industrial park approved as a planned development prior to December 10,1980, 18-26-4 Zoning Supp. # 105, 1-10-18 ALBEMARLE COUNTY CODE are those uses permitted by right and by special use permit in effect when the zoning map amendment was approved and those uses delineated in subsection (a), regardless of any election made for a planned development district under subsections 8.5.5.2(a) and (b). 2. Uses in proffered industrial districts. The uses permitted by right and by special use permit on any site within an industrial district for which proffers either specifying or prohibiting particular uses were accepted prior to April 3, 2013, are those uses permitted by right and by special use permit in effect when the zoning map amendment was approved and those uses delineated in subsection (a), provided that any use not allowed by right or by special use permit by a proffer shall be prohibited. 3. Certain non -industrial uses in planned industrial parks and proffered industrial districts. In the planned industrial parks and proffered industrial districts delineated in subsections (b)(1) and (2), no supporting retail sales or subordinate commercial use that would exceed the by right thresholds in subsection (a) shall be expanded without a special exception as required by subsection (a). C. Accessory uses and structures. Accessory uses and structures are permitted within each industrial district, subject to the following: When accessory use is permitted. No accessory use is permitted until the primary use to which it is accessory has been established. When accessory structure is permitted. No accessory structure is permitted until either construction of the primary structure or the primary use to which it is accessory has commenced. Prohibited accessory uses and structures. Parking structures, stand alone parking and drive -through windows are permitted only as provided in subsection (a) and not otherwise as accessory uses. The storage of sludge or toxic wastes, or both, is prohibited as an accessory use; provided that the temporary storage of sludge or toxic wastes awaiting proper disposal is a permitted accessory use. d. Prohibited primary uses and structures. The following uses and structures are prohibited as primary uses within each industrial district: 1. Incinerators. The establishment or use of an incinerator. 2. Manufacture of certain products. The manufacture of acetylene gas, acid, ammonia, bleaching powder, chlorine, detergent and cleaning preparations made from animal fats, explosives, fireworks, fish meal, nitrogenous tankage, paints, varnish, shellac that requires distillation or heating ingredients, vinegar that is not derived from an agricultural product, phosphates, and turpentine. 3. Sludge. The storage of sludge. 4. Toxic wastes. The disposal or storage of toxic wastes regulated under the federal Toxic Substances Control Act (15 U.S.C. § 2601 et seg.), provided that placing toxic wastes for their lawful collection and disposal by a third party is not prohibited. (§ 26.2, Ord. 13-18(1), 4-3-13; § 26.3, 12-10-80; 11-7-84; Ord. 18-18-(1), 1-10-18) 18-26-5 Zoning Supp. #]05, 1-10-18 ALBEMARLE COUNTYCODE 26.3 INDEPENDENT OFFICE AND GENERAL COMMERCIAL USES; ADDITIONAL FACTORS WHEN CONSIDERING SPECIAL USE PERMITS In evaluating a request for a special use permit for an independent office or general commercial use as that use is described in section 26.2, the board shall consider the following factors in addition to those delineated in section 33.8: a. The purpose of the industrial district in which the use is proposed. b. The proposed use and its proposed size should be consistent with the intent of the applicable industrial district. C. The use proposed should not be located on the lowest floor of any building having direct exterior access to the ground surface in order to allow that floor to be used for industrial purposes. d. The gross floor area of each establishment should not exceed three thousand (3,000) square feet. e. The aggregate gross floor area of the independent offices or general commercial uses, or both, should not exceed twenty-four thousand (24,000) square feet and should not exceed twenty-five (25) percent of the gross floor area of the building. f. Whether the structure or structure expansion will be constructed to the standards required for industrial structures, regardless of its intended use. (§ 26.3, Ord. 13-18(1), 4-3-13) 26.4 STRUCTURE HEIGHT Except as otherwise provided in section 4.10, structures may be erected to a height not to exceed sixty-five (65) feet. The minimum stepback requirements for any story that begin above forty (40) feet in height or for each story above the third story, whichever is less, in height shall be as provided in section 4.20. (§ 26.4, Ord. 13-18(1), 4-3-13; § 26.6, 12-10-80, 9-9-92; Ord. 15-18(4), 6-3-15; Ord. 17-18(4), 8-9-17) 26.5 MINIMUM YARDS The minimum yard requirements in the industrial districts are as follows: Adjacent to streets. The minimum and maximum front yards shall be as provided in section 4.20. b. Adjacent to district other than commercial or industrial district. If the abutting lot is zoned residential, rural areas, or the Monticello Historic district, the minimum and maximum side and rear yards shall be as provided in section 4.20. Buffer zone adjacent to district other than commercial or industrial district. For the purpose of this subsection, a buffer shall not be required when a commercial or industrial district zone is across a street from a residential or rural area district. No construction activity, including grading or clearing vegetation (collectively, "disturbance"), shall occur within thirty (30) feet of any district other than a commercial or industrial district except in the following circumstances: (i) adequate landscape screening does not currently exist and disturbance is necessary to install screening that meets or exceeds the screening requirements in section 32.7.9; (ii) an arborist or landscape architect certifies that trees in the buffer are dying, diseased or will constitute a fall hazard and must be removed; (iii) the county engineer determines that disturbance is necessary in order to address an existing drainage problem; or (iv) disturbance will result in improved screening through the use of a berm, a retaining wall or similar physical modification or improvement. When disturbance is allowed under subsection (i), (ii), (iii) or (iv), the developer 18-26-6 Zoning Supp. #105, 1-10-18 ALBEMARLE COUNTY CODE shall submit an illustration showing the existing screening without disturbance and the screening that would be installed after the disturbance, and disturbance shall be allowed only if the screening installed after the disturbance is equal to or exceeds the screening existing prior to disturbance. d. Special exception to disturb buffer abutting district other than a commercial or industrial district. The board of supervisors may authorize a disturbance in the buffer required to be maintained under subsection (c) by special exception. The board shall consider whether disturbance is necessary or would result in an improved site design, provided that: (i) minimum screening requirements are met; and (ii) existing landscaping in excess of minimum requirements is substantially restored. e. Building separation. The minimum building separation shall be as provided in section 4.20. (§ 26.5, Ord. 13-18(1), 4-3-13; § 26.10, Ord. 09-18(1), 1-14-09; §§ 26.10, 26.10.1, 26.10.2, 26.10.3; 12-10- 80; 7-10-85, 7-8-92, 9-9-92; Ord. 15-18(4), 6-3-15; Ord. 17-18(5), 10-11-17) 26.6 SITE DEVELOPMENT AND USE Subject to sections 26.4 and 26.5, each site within an industrial district shall comply with the applicable site development and use requirements in sections 4, 5 and 32. (§ 26.6, Ord. 13-18(1), 4-3-13) 26.7 PERFORMANCE STANDARDS (Repealed 4-3-13) 26.8 SIGN REGULATIONS (Repealed 4-3-13) 26.9 MINIMUM LANDSCAPED AREA (Repealed 4-3-13) 26.10 MINIMUM YARD REQUIREMENTS (Now See 26.5 Minimum Yards) 26.11 UTILITY REQUIREMENTS (Repealed 4-3-13) 26.12 SITE PLANNING — EXTERNAL RELATIONSHIPS (Repealed 4-3-13) 26.12.1 VEHICULAR ACCESS (Repealed 4-3-13) 26.12.2 SCREENING (Deleted 7-10-85) 26.13 BUILDING SEPARATION (Repealed 4-3-13) 18-26-7 Zoning Supp. # 105, 1-10-18