STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 04-11-08

COUNTY OF  NEWBERRY                 )

 

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 ONE AND 69/100 ACRES DESIGNATED AS TMS PARCEL NO. 340-1-36 (0.87 ACRE) AND TMS PARCEL NO. 340-1-37 (0.82 ACRE), FROM SINGLE FAMILY  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 Wilson Road from Single Family Residential (RS-3) to General Commercial (GC). This property is located northeast of the City of Newberry in the business corridor along Highway 76, also  known as Wilson Road) just to the northeast of the City of Newberry.   On the property is  a Farm Bureau Insurance Agency, which wishes to expand its business location.  These tracts, TMS No. 340-1-36, consisting of 0.87 acre and TMS No.  340-1-37 consisting of 0.82 acre, total 1.69 acres. The Planning Staff found that the property is suitable for commercial use under a GC classification, that the existing insurance business cannot expand without the zoning change, that the proposed use is 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 01-03-18-08, had this matter on its agenda and considered this request. 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 commercial uses in that area along Highway 76 known as Wilson Road. 

 

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. 340-1-36 and TMS No. 340-1-37, totaling 1.69 acres located on that portion of Highway 76 known as Wilson Road northeast of the City of Newberry, from Single Family Residential (RS-3) to General Commercial (GC):

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

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

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

NOW, THEREFORE, BE IT ORDAINED that:

            1. 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;

                        ___________ approved; or

                        ___________ approved with the following modifications:

__________________________________________________________________  __________________________________________________________________________________________________________________________________ .

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                        AND IT IS SO ORDAINED by Newberry County Council this ______

 

day of May, 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:________________                Reviewed and approved as to form:

 

Public Hearing:_____________                    _____________________________

Gary T. Pope, County Attorney

2nd reading:________________

                       

3rd reading:________________                _____________________________

                                                                        Wayne Adams, County Administrator