Please find the staff report regarding your rezoning petition enclosed

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
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Food service center for homeless
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Group care home (7 to 15 people)
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Homeless shelter (emergency)
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Museum, library
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Place of worship
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Public uses, including recreation sites
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School, public or private (K-12)
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Single room occupancy residence
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Special needs housing
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Technical, trade or business school
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Utility, minor
COMMERCIAL USES
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Artist studio, gallery
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Bar, nightclub, tavern
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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
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
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

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





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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)
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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.