STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 01-01-08

COUNTY OF  NEWBERRY                 )

 

AN ORDINANCE DENYING A REQUEST TO AMEND THE OFFICIAL ZONING MAP ESTABLISHED PURSUANT TO ZONING ORDINANCE NO.  12-24-01, CODIFIED IN CHAPTER 153 OF THE NEWBERRY COUNTY CODE OF ORDINANCES, SO AS TO REZONE A TRACT CONTAINING APPROXIMATELY TWENTY AND N0/100 (20.00) ACRES, DESIGNATED AS TMS PARCEL NO. 284-1-27, FROM RURAL (R-2) TO GENERAL RESIDENTIAL  (RG).

 

WHEREAS, Zoning Ordinance No. 12-24-01, as codified in Chapter 153 of the Newberry County Code of Ordinances, establishes zoning classifications and districts, as well as an Official Zoning Map; and

WHEREAS, said Zoning Ordinance provides procedures for the amendment of both the text of the Ordinance and the district boundaries shown on the Official Zoning Map; and

WHEREAS, pursuant to the procedures established by the Zoning Ordinance, an application was made to rezone a Twenty and No/100 acre tract of land located on the western side of Louis Rich Road across from the Louis Rich Plant just north of the City Limits of the City of Newberry, from Rural (R-2) to General Residential (RG).   The Planning Staff found that the property is in one of the lowest density residential areas in the County, and that the proposed use would dramatically change the character of the area and would change the residential density to high density residential use, that the property does not have adequate public water or sewer capacity available to it, and that the proposed zoning is not compatible with individual sewage disposal systems in a high density  residential area.  In addition, it is likely that there will be adverse traffic effects, because of the high residential density and the limited access to the property from public streets.  The Planning Staff recommended that the proposed zoning change be denied.

WHEREAS, the Newberry County Joint Planning Commission, in case number MA 01-12-18-07, had this matter on its agenda and considered this request and received public comments at its meeting held on December 18, 2007.    The Planning Commission voted to deny the zoning change on the basis that the Commission concurred in the recommendation of the staff, and found that the proposed change did not promote the implementation of the Comprehensive Plan, and that the proposed change would have a negative impact on the orderly growth and development of the community. The Commission further found that the proposed use was for high density development in a low density residential area, that the Comprehensive Plan showed future uses as being institutional and that there would be traffic congestion at peak hours.  The Planning Commission has forwarded its report on the rezoning request to Newberry County Council, as required by law, but recommended against approval of the proposed change.  

 WHEREAS, The Newberry County Council makes the following findings as to the merits of the rezoning request to rezone this 20.00 acre tract located on the west side of Louis Rich north of the City of Newberry, from Rural (R-2) to General Residential (RG):

A. That the amendment does not promote the implementation of the Comprehensive Plan, and is not consistent with the development of institutional uses, as provided in the Comprehensive Plan.

B.  The proposed amendment would have a negative impact on the orderly growth and development of the area.

C.  The proposed amendment would result in a high density residential use in a low density residential area that does not have the public water or sewer capacity necessary to serve the proposed use.

D. That the other reasons set forth by the Planning Commission are adopted and incorporated herein as fully as if set forth verbatim.

NOW, THEREFORE, BE IT ORDAINED that:

                        1.            Newberry County Council hereby determines that the rezoning request be denied. 

            AND IT IS SO ORDAINED by Newberry County Council this 6th day of 

February, 2008 in meeting duly assembled at Newberry, South Carolina.

 

                        NEWBERRY COUNTY COUNCIL

            (SEAL)

By:__________________________

Henry B. Summer, Chairman

Attest:

______________________________________

Susan C. Fellers, Clerk to Council

 

1st reading:       January 2, 2008 Reviewed and approved as to form:

Public Hearing: February 6, 2008 _____________________________

2nd reading:       January 16, 2008 Gary T. Pope, County Attorney

3rd reading:       February 6, 2008 _____________________________

                        Wayne Adams, County Administrator