STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 06-20-08

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 TEN TRACTS CONTAINING A TOTAL OF 19.34  ACRES DESIGNATED AS TMS PARCEL NOS. 335-25, 335-50, 335-53, 335-55, 335-56, 335-58, 335-60, 335-76, 335-77 and 335-80,  FROM SINGLE FAMILY RESIDENTIAL (RS-1) TO SINGLE FAMILY RESIDENTIAL (RS-3).

 

 

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 ten tracts of land located on both sides of Calvary Church Road north of Newberry to Single Family Residential (RS-3) from Single Family Residential (RS-1). These tracts are currently used for residential purposes (Parcel 335-53 is presently undeveloped).  The Comprehensive Plan does not show the future land use in the area, but the proposed zoning district will better suit future use of the parcels.  The Planning Staff found that the property is suitable for Single Family Residential uses under the proposed RS-3 classification, and recommended that all parcels be rezoned to accommodate any additional manufactured home.  

WHEREAS, the Newberry County Joint Planning Commission, in case number MA 01-05-20-08, 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 all parcels with the recommendations of the Planning Staff.  It voted to approve the entire application to rezone the property to Single Family Residential (RS-3) 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 uses of the properties along Calvary Church Road and the developing residential uses along Calvary Church 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. 335-25, 335-50, 335-53, 335-55, 335-56, 335-58, 335-60, 335-76, 335-77 and 335-80, totaling 19.34 acres and located at various addresses off Calvary Lane or Calvary Church Road as more particularly shown by parcel number on the submitted “Official Zoning Map Amendment Applications” included in the submitted Planning Commission report attached hereto, to Single Family Residential (RS-3) from Single Family Residential   (RS-1):

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. 335-25, 335-50, 335-53, 335-55, 335-56, 335-58, 335-60, 335-76, 335-77 and 335-80, totaling 19.34 acres 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 ______ day of 

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

 

 

                        NEWBERRY COUNTY COUNCIL

            (SEAL)

By:__________________________

      Henry B. Summer, Chairman

Attest:

 

______________________________________

Laurie N. Renwick, Clerk to Council

 

1st reading:            June 12, 2008                                  Reviewed and approved as to form:

Public Hearing:_____________                    _____________________________

2nd reading:________________                A.J. Tothacer, Jr., County Attorney

3rd reading:________________                _____________________________

                                                                        Wayne Adams, County Administrator