Text Amendment to Article K of the City of Savannah Zoning Ordinance File No. 16-001851-ZA Page 1 To: The Planning Commission From: MPC Staff Date: April 25, 2017 Subject: Text Amendment to the City of Savannah Zoning Ordinance Re: Amend Section 8-3216(2)(a) and 8-3219 of Article K: Mid-City District Zoning Ordinance Petitioner: Two Tides Brewing Company, LLC Agent: Josh Yellin File No. 17-001851-ZA Jack Butler, Development Services Planner Issue: Proposed amendments to the Mid-City zoning ordinance (Article K) to create the use “Microbrewery” as a special use in the TC-1 and TC-2 zoning districts (8-3216(2)(a)), and to amend the Commercial Use Standards in Section 8-3219 to add a use number “(18) Microbrewery” to the permissible uses. Background: The use “Microbrewery” has long been part of the Savannah Zoning Ordinance. Microbreweries are permitted by-right in the BC-1, BG, I-L and I-H zoning districts. Microbreweries in Section 83025(b) are limited to a production of up to 5,000 barrels a year (155,000 gallons). They must be located on a major arterial street in the BC-1 and BG districts and cannot be located within 150 feet of a structure housing a conforming dwelling unit. The State Legislature has recently passed SB 85, governing micro-distilleries and microbreweries. Microbreweries are limited by state law to a production. The bill, which is pending a signature by the governor, would allow both on-premises consumption of the beer and ale produced by a microbrewery, and the sale of up to a maximum of 288 ounces (18 pints or 2 ¼ gallons) of malt beverages per consumer per day (up to a maximum of 3,000 barrels or 93,000 gallons per year) for off-premises consumption. FINDINGS: 1. Petitioner is proposing a use that is extensively regulated at the federal and state level and is of equal or less impact than the microbreweries already permissible in Savannah. Text Amendment to Article K of the City of Savannah Zoning Ordinance File No. 16-001851-ZA Page 2 The use is limited to appropriate commercial and industrial districts, to major arterial streets as identified in Sec. 8-3025(g), Street Classification Map. 2. The use is similar in neighborhood impact to restaurants with alcohol sales, which are already a special use in the Mid-City (Thomas Square) zoning district (8-3219(10)). 3. Recognizing that this use is similar in character to existing permissible uses within the MidCity/Thomas Square zoning district; and that the use has long been a permissible use in commercial zoning district within the Landmark Historic District (BC-1 and BG), and that such uses have operated without disruption to the character of the city, staff recommends amending the ordinance to permit Microbrewery as a use within Article K, as follows: ENACT Sec. 8-3219. Commercial Use Standards. (18) Microbrewery. (a) Any permitted microbrewery shall be located abutting one of the arterial streets as identified in Sec. 8-3025(g), Street Classification Map. (b) The use shall be restricted to a production of up to 3.000 barrels of beer and/or ale per year. ENACT Article K, Section 8-3216(2)(a) TC- Districts TC-1 TC-2 Standards Key: = Permitted = Subject to Special Use Review Food service center for homeless Group care home (7 to 15 people) Homeless shelter (emergency) Museum, library Place of worship Public uses, including recreation sites School, public or private (K-12) Single room occupancy residence Special needs housing Technical, trade or business school Utility, minor COMMERCIAL USES Artist studio, gallery Bar, nightclub, tavern Boarding or rooming house (up to 10 people) 8-3218(5) 8-3218(6) 8-3218(8) 8-3218(9) 8-3219(2) 8-3219(3) Text Amendment to Article K of the City of Savannah Zoning Ordinance File No. 16-001851-ZA Page 3 Club, lodge Contractor’s office Dormitory for college or university Fraternity, sorority house Funeral home Gas station with convenience retail Greenhouse, plant nursery Hotel, motel Indoor recreation (commercial) Inn, hostel Manufacturing, Limited Microbrewery Office, General Office, Medical Outdoor recreation (commercial) Package alcohol sales Restaurant without alcohol sales Restaurant with alcohol sales Retail, General Retail, Neighborhood Self-storage facility Service, General Service, Neighborhood Shooting range, indoor Tattoo Studio Taxi dispatch, limousine service, messenger service Vehicle repair Vehicle sales and service, Minor Vehicle sales and service, Major Veterinarian, animal hospital 8-3219(4) 8-3219(5) 8-3219(6) 8-3219(7) 8-3219(18) 8-3219(8) 8-3219(9) 8-3219(10) 8-3219(10) 8-3219(11) 8-3219(11) 8-3219(12) 8-3219(13) 8-3219(13) 8-3219(17) 8-3219(14) 8-3219(15) 8-3219(15) 8-3219(16) Alternatives: 1. 2. 3. Approve the proposed text amendment. Approve an alternative text amendment. Deny the proposed text amendment. Policy Analysis: The Zoning Ordinance should be revised periodically to reflect changing uses and new industries. The microbrewery use relatively new in Savannah, is substantially similar to that of restaurant with Text Amendment to Article K of the City of Savannah Zoning Ordinance File No. 16-001851-ZA Page 4 alcohol sales, already permitted as a conditional use within Article K, and that, in addition to the requirements of a use approval hearing before the Zoning Board of Appeals, microbreweries are further governed by federal and state laws, and by other provisions of the Savannah Code of Ordinances (including those sections that govern nuisance and alcohol sales). While the concept of a craft beer production providing tastings for customers who may wish to take a bottle or two home may be attractive, it is apparent that additional limitations are necessary, and should be considered on a case-by-case basis during the approval hearing process. Recommendation: Recommend APPROVAL of the request to amend zoning ordinance to create the use “Microbrewery” as a special commercial use in the TC-1 and TC-2 zoning districts (8-3216(2)(a)), and to amend the Commercial Use Standards in Section 8-3219 to add a use number “(18) Microbrewery” to the permissible uses.
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