Octapharma Plasma Protests Urbana, IL Business Designation

The North Carolina plasma collection business Octapharma Plasma, Inc. has filed a formal appeal to the business designation assigned by the Urbana, Illinois Zoning Administrator.  This protest came just three days after Octapharma representatives realized that their special use permit for a plasma center at 220 North Broadway Avenue was likely to be denied by the City Council.

The appeal lists local attorneys Jenny Park and Dane Amundson of Champaign law firm Meyer Capel as “consultants”.

The full six page appeal is provided below.  Check CU provides this excerpt from the appeal exhibits, which provides the basis for Octapharma’s argument:

“The basis of the special use designation, as we understand it, is that blood plasma donation centers are most similar to Hospitals and Clinics, which require a special use designation in the B-4 District. However, there is very little similarity between the land use that pertains to hospitals/medical clinics and blood plasma donation centers. Hospitals and clinics have infrastructure requirements that simply do not apply to blood plasma donation centers. Hospitals and clinics often have a large number of employees on site and an even larger number of patients and family members coming and going. Hospitals, in particular, are often open around the clock. Obviously, the public has an interest in mitigating the impacts of these types of operations on their district. But, a blood plasma donation center does not implicate the same concerns. The intensity of activity at a blood plasma donation center is very low compared with hospitals and most clinics. In general, there are fewer infrastructure requirements. There are likely to be fewer employees than a hospital and most clinics. Donors will come and go but on a much lower scale than one expects at a hospital or clinic.”

Urbana City Attorney David Wesner sent the following email to Mayor Diane Marlin, City Administrator Carol Mitten, and the City Council on July 15^th:

“Council, Mayor,

I have been made aware of circumstances that affect whether the Council can act on the Special Use Permit application of Octapharma.

As you know, the City’s Zoning Code provides a list of principal uses in multiple categories.  The lists are not exhaustive but are representative of types of principal uses that may be conducted on property within the city.  As was mentioned during the council meeting on July 11, a plasma donation center is not specifically mentioned in the list of principal uses.  Section V-1 of the Zoning Code provides that a use not specifically mentioned in the list of uses shall be subject to the regulations of the use to which it is most related or similar as determined by the Zoning Administrator.  In the case of Octapharma, the Zoning Administrator made a determination that the use to which it is most similar is a clinic.  Section XI-D of the Zoning Code provides an appeal process for any determination made by the Zoning Administrator.  Octapharma has exercised its right to appeal the Zoning Administrator’s determination concerning the type of use ascribed to it (see attached).  Based upon the appeal being filed, any action of the Council regarding the special use permit application is stayed (put on hold) pending the decision of the Zoning Board of Appeals on the appeal.  Therefore, since no action may be taken on Ordinance No. 2022-07-030, that item should be pulled from the agenda for the Committee of the Whole meeting on July 18.

PLEASE DO NOT REPLY ALL to this message.

Thank you!
Dave”