HomeMy WebLinkAboutLOD202000014 Letter of Determination 2020-09-30COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 30, 2020
Ashley Davies
Riverbend Development
455 2nd Street SE, Suite 201
Charlottesville VA 22902
RE: LOD2020-00014 — Use Determination - Proposed Pharmaceutical Processing
Facility, Parcel ID 07700-00-00-008BO (6.78 Acres (the "Property"), Owner —Avon
Holdings LLC, PO Box 1467 Charlottesville, VA 22902 (the "Owner")
Ms. Davies:
In response to your request to provide an official determination for the use of a
pharmaceutical processing facility on the Property, please be advised of the
following:
The Property is zoned LI, Light Industry. The permitted uses of the Property are
provided in Sections 26 of Chapter 18 of the Albemarle County Code ("Zoning
Ordinance"). The Property is subject to the Airport Impact Area, Entrance
Corridor, and Steep Slopes Overlay Districts as described in Section 30 of the
Zoning Ordinance.
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; (li) 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.
According to the Commonwealth of Virginia and Virginia Department of Health
Professions Request for Applications for Pharmaceutical Processors, 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
September 30, 2020
LOD2020-00014
Page 2
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.
A pharmaceutical processing facility is permitted as a by -right use in the LI
zoning district as it is considered a Manufacturing/Processing/Assembly/
Fabrication/Recycling use.
The Zoning Ordinance defines manufacturing/processing/
assembly/fabrication/recycling as "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.'
• 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. The subordinate 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 is a by -right use.
• The Property, at this time, is not subject to conditions from an approved special
exception, special use permit or variance application.
• 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.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with Albemarle County
Code & 18-34.3, along with a fee of $258. Additionally, a separate fee is required for the
cost of providing notice and advertising of the appeal for a public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Community Development Department office located at 401 McIntire Road,
Charlottesville, Virginia 22902 or online at HERE. 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 Zoning Ordinance, and
may be reviewed HERE.
September 30, 2020
LOD2020-00014
Page 3
Please note that our online documents are in PDF format and must be viewed with a
PDF reader. A link to download a PDF reader of your choice is available at the bottom
of the page HERE.
Please contact me if you have any questions or require additional information.
Sincerely,
Francis H. MacCall
Chief of Zoning/Deputy Zoning Administrator
Attachments:
Links shown can be copied and pasted into web browser
Zoning Map -
https://gisweb.albemarle.org/gpv 51/Viewer.aspx?state=114360383315
County Code Website -
https://library.municode.com/va/albemarle county/codes/code of ordinances?nodeld=
CH18ZO ARTIIIDIRE S261NDIEN
Cc:
Avon Holdings LLC
PO Box 1467
Charlottesville, VA 22902