STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO.  03-08-08

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 FOUR AND 05/100 ACRES DESIGNATED AS TMS PARCEL NOS. 445-10 (2.24 ACRES) AND A PORTION OF TMS NO. 445-18 (1.81 ACRES),  FROM GENERAL RESIDENTIAL (RS-3) TO GENERAL COMMERCIAL (GC).

 

 

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 two tracts of land located on Highway 34 from Residential (RS-3) to General Commercial (GC). This property is located several miles east of  the City of Newberry,  and is generally known as a portion  Bill White’s Trailer Park.   These tracts, TMS No. 445-10 consisting of 2.24 acres and a portion of TMS No. 445-18 consisting of 1.81 acres, total 4.05 acres. The Planning Staff found that the property is suitable for commercial use under a GC classification, even though not consistent 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 01-02-19-08, had this matter on its agenda and considered this request and received  comments from the new owner of the property as to his intended use 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 general  development of the mobile home park and associated commercial uses in that area along Highway 34. 

 

NOW, THEREFORE,  Newberry County Council makes the following findings of fact and law as to the merits of the rezoning request to rezone TMS No. 445-10 and a portion of TMS No. 445-18, totaling 4.05 acres located on Highway 34 several miles east of the City of Newberry, from General Residential (RG) to General Commercial (GC):

A.             That the proposed map amendment does not promote the implementation of the Comprehensive Plan, but is consistent with the prior established commercial uses of the property and adjacent properties, 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 proposed 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