STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 03-07-08

COUNTY OF  NEWBERRY                 )

 

AN ORDINANCE ACTING ON 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 TWO TRACTS CONTAINING A TOTAL OF TWO AND  5/10 ACRES DESIGNATED AS TMS PARCEL NOS. 583-23  AND 583-33 ,  FROM RURAL (R-2)  TO LIGHT  COMMERCIAL (LC).

 

 

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,  application was made for a map amendment to rezone two tracts of land located on the Macedonia Church Road below Prosperity from Rural  (R-2) to Light Commercial (LC). The Buildings on these properties have been used as a restaurant and as a dance studio prior to the establishment of county-wide zoning, but any changes in prior commercial use would not be permitted without the requested zoning change.  These tracts, TMS No. 583-23 and TMS No. 583-33, contain a total of 2.5 acres. The Planning Staff found that the property is suitable for light commercial uses under a LC classification, in accordance with the Comprehensive Plan, and that traffic patterns would not be adversely affected.  The Planning Staff recommended approval.

 

WHEREAS, the Newberry County Joint Planning Commission, in case number MA 02-02-19-08, had this matter on its agenda and considered this request and received comments from the agent for the owners of the property as to the intended uses of it.   The Planning Commission determined that it concurred with the recommendation of the Planning Staff, and voted to approve the application for the reasons set forth in the attached submission from the Planning Commission.  The Planning Commission has now forwarded its report on the rezoning request to Newberry County Council, as required by law, for consideration of its actions by Newberry County Council.  

 

WHEREAS, Newberry County Council is familiar with the site and the prior commercial uses of the property and the developing commercial uses along the Macedonia Church Road, as the area around Lake Murray develops. 

 

NOW, THEREFORE,  Newberry County Council makes the following findings of fact and law as to the merits of the rezoning request concerning these two parcels, TMS No. 583-23 and TMS No. 583-33,  totaling 2.5 acres and located at 6192 and 6226 Macedonia Church Road south of Prosperity, seeking to rezone them from Rural (R-2) to Light Commercial (LC):

A.             That the proposed map amendment does not promote the implementation of the Comprehensive Plan, but is consistent with the prior commercial use of the property and the development of the planned commercial uses is within the requirements of the Zoning Code.

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

D.               That traffic patterns in the neighborhood will not be adversely affected by the change in zoning.                                                                                                

NOW, THEREFORE, BE IT ORDAINED that:

                                    Newberry County Council hereby determines, based on the findings set forth above, that the attached rezoning request for a map amendment, as acted on by the Planning Commission, be:

                                                ___________ disapproved;

                                                _XXX_____ approved; or

___                                          ________ approved with the following modifications: ______________

                                    AND IT IS SO ORDAINED by Newberry County Council this 2nd day of 

April, 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:                   March 12, 2008            Reviewed and approved as to form:

Public Hearing:            April 2, 2008                _____________________________

2nd reading:                   March 19, 2008            Gary T. Pope, County Attorney

3rd reading:                   April 2, 2008                _____________________________

                                                                        Wayne Adams, County Administrator