STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 05-18-08

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 A TRACT CONTAINING A TOTAL OF ONE  ACRE DESIGNATED AS TMS PARCEL NO. 698-24,  FROM SINGLE FAMILY RESIDENTIAL (RS-1)  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,  application was made for a map amendment to rezone a tract of land located at 1774 US Highway 76 south of Little Mountain, from Single Family Residential   (RS-1) to General Commercial (GC). This one acre property is currently used for a commercial canine grooming business, and is across Nursery road from an area zoned General Commercial. The Comprehensive Plan shows this area to be industrial in the future, but it is not industrial at the present time.  The grooming business is seeking to expand, and cannot under the RS-1 zoning classification.  Highway 76 is a major highway and is adequate to handle any increase in traffic.  The Planning Staff found that the property is suitable for general commercial uses under a GC classification, and that the intended uses are in accordance with the Comprehensive Plan; it found that traffic patterns would not be adversely affected.  The Planning Staff recommended approval.

WHEREAS, the Newberry County Joint Planning Commission, in case number MA 02-03-18-08, had this matter on its agenda and considered this request and received  comments as to the intended uses of the property.   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 Highway 76 on the south side of Little Mountain, 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 this parcel, TMS No. 698-24, totaling one acre and located at 1774 US Highway 76 south of Little Mountain, from Single Family Residential (RS-1) to General Commercial (GC):

A.             That the proposed map amendment promotes the implementation of the Comprehensive Plan, and is consistent with the prior commercial use of the property, and neighboring commercial uses of 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 for TMS 698-24, 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

                                                                        Reviewed and approved as form:

1st reading:            May 21, 2008                                 

Public Hearing:  June 12, 2008              /s/ A.J. Tothacer, Jr._____________

2nd reading:            June 4, 2008                            A.J. Tothacer, Jr., County Attorney

3rd reading:            June 12, 2008         

                                                                        /s/ Wayne Adams_______________

                                                                        Wayne Adams, County Administrator