STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 05-17-08

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 4.31  ACRES DESIGNATED AS TMS PARCEL NOS. 339-3-54 and 339-3-55,  FROM GENERAL  COMMERCIAL (GC) TO SINGLE FAMILY RESIDENTIAL (RS-1).

 

 

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 at 2223 and 2215 Wilson Road north of Newberry to Single Family Residential (RS-1) from General Commercial (GC). These tracts are currently used for residential purposes.  The Comprehensive Plan shows this area to be commercial in the future, but the use in the neighborhood is mixed at the present time.  Wilson Road is a four lane road and is adequate to handle any changes in traffic patterns.  The Planning Staff found that the property is suitable for general commercial uses under the existing GC classification, and recommended that non-conforming uses not be encouraged to remain or expand. It recommended that TMS 339-3-54 remain General Commercial (GC) but that TMS 339-3-55 be rezoned to Single Family Residential (RS-1).  

WHEREAS, the Newberry County Joint Planning Commission, in case number MA 02-04-15-08, had this matter on its agenda and considered this request and received  comments as to both the existing and intended uses of the property.   The Planning Commission determined that it concurred as to one parcel with the recommendation of the Planning Staff, and that it disagreed as to the other parcel.  It voted to approve the entire application to rezone the property to Single Family Residential (RS-1) 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 residential and commercial uses of the properties along Wilson Road and the developing commercial uses along Wilson Road, as that area develops. 

NOW, THEREFORE, Newberry County Council makes the following findings of fact and law as to the merits of the rezoning request concerning theses parcels, TMS Nos. 339-3-54 and 339-3-55, totaling 4.31 one acres and located at 2223 and 2215 Wilson Road near Newberry, to Single Family Residential   (RS-1) from General Commercial (GC):

A.             That the proposed map amendments do not strictly promote the implementation of the Comprehensive Plan, but are consistent with the prior, long-time residential uses of the property, and that the existing residential uses cannot expand without the requested zoning change.

B.              The proposed map amendment would have no apparent impact on the orderly growth and development of the community. 

C.               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 for TMS Nos. 339-3-54 and 339-3-55  as acted on by the Planning Commission, be:

                        ___________ disapproved;

                           XXXX____ approved; or

___                  ___________ approved with the following modifications: ______________

___                  __________________________________________________________________.


                        AND IT IS SO ORDAINED by Newberry County Council this 12th day of 

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

 

                        NEWBERRY COUNTY COUNCIL

            (SEAL)

            By: /s/ Henry B. Summer____________

                                                Henry B. Summer, Chairman

Attest:

/s/ Susan C. Fellers______________

Susan C. Fellers, Clerk to Council

                                                                       

1st reading:            May 21, 2008                                 

Public Hearing:  June 12, 2008             

2nd reading:            June 4, 2008                           

3rd reading:            June 12, 2008                     

 

 

Reviewed and approved as to form:

 

 

/s/ A.J. Tothacer, Jr._______________

A.J. Tothacer, Jr., County Attorney

 

 

/s/ Wayne Adams_________________

Wayne Adams, County Administrator