STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 06-23-07

COUNTY OF  NEWBERRY                 )

 

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP ESTABLISHED PURSUANT TO ZONING ORDINANCE NO.  12-24-01 SO AS TO REZONE A TRACT CONTAINING THREE AND 24/100 (3.24) ACRES, DESIGNATED AS TMS PARCEL NOS. 340-1-34 AND 340-1-35, FROM SINGLE FAMILY RESIDENTIAL (RS-3) TO GENERAL COMMERCIAL  (GC).

 

 

WHEREAS, Zoning Ordinance No. 12-24-01 establishes zoning classifications and districts, as well as an Official Zoning Map; and

WHEREAS, Zoning Ordinance No. 12-24-01 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 a Three and 24/100 acre (3.24) acre tract, located at 2206 Wilson Road north of the City of Newberry and formerly the location of Haltiwanger Tire Company, from Single Family Residential  (RS-3) to General Commercial (GC).   The Planning Staff found that the property has been used historically for general commercial purposes as an automobile and truck repair garage, which was destroyed by fire several years ago.   The adjacent property is zoned RS-3, but the uses in the area are changing as the business corridor on Wilson Road expands and the property across Wilson Road is zoned General Commercial.   The existing zoning does not allow a change in the prior commercial use, while a change to General Commercial (GC) will allow the proposed use.  The Comprehensive Plan shows the uses in this area as being general commercial in nature, and the requested zoning change promotes the implementation of the Comprehensive Plan.    The Planning Staff recommended the approval of the zoning change. 

WHEREAS, the Newberry County Joint Planning Commission, in case number MA 01-07-17-07, considered this request at its meeting held on July 17, 2007.  The Planning Commission concurred with the Staff Report on the proposed change and determined that the proposed map amendment did promote the implementation of the Comprehensive Plan, and that the change was needed to allow the proposed commercial uses of the property to develop, which could not be done under the RS-3 classification. This change will conform the proposed use of the property with the Comprehensive Plan and will allow growth and development of the commercial activity on the property.  The Commission further determined that the change would have a positive impact on the community, and approved the proposed rezoning request for the Three and 24/100  (3.24) acre tract designated as TMS Nos. 340-1-34 and 340-1-35.  The Planning Commission recommended its approval by Newberry County Council, and the Commission has forwarded its report on the rezoning request to Newberry County Council, as required by law; and 

 WHEREAS, the Newberry County Council makes the following findings as to the merits of the rezoning request for this property located at 2206 Wilson Road, north of   Newberry, SC, to rezone this property, containing approximately Three and 24/100 (3.24) acres, from Single Family Residential  (RS-3) to General Commercial (GC):

A. That the amendment promotes the implementation of the Comprehensive Plan, because the use of the property is a continuation of pre-existing commercial uses, and that the use is consistent with the development of the Comprehensive Plan.  

B.  The proposed amendment is needed because the proposed expansion of the prior commercial activity cannot be accomplished under the Single Family Residential  (RS-3) classification but can be under the General Commercial (GC) classification.

C.  The proposed amendment should have a positive impact on the adjoining property, on the general neighborhood, and on the orderly growth and development of the community, and the proposed use of the property requires a General Commercial (GC) classification.

NOW, THEREFORE, BE IT ORDAINED that:

                        1. Newberry County Council hereby accepts the recommendations of the Newberry County Joint Planning Commission that the rezoning request be granted.

                        2. Newberry County Council directs the Zoning Administrator to amend the Official Zoning Map to rezone this Three and 24/100  (3.24) acre tract designated as TMS Nos. 340-1-34 and 340-1-35, located at 2206 Wilson Road north of the City of Newberry from Single Family Residential  (RS-3) to General Commercial (GC).

 

AND IT IS SO ORDAINED by Newberry County Council this 5th day of September, 2007 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:            August 8, 2007 Reviewed and approved as to form:

Public Hearing:  August 15, 2007 _____________________________

2nd reading:          August 15, 2007 Gary T. Pope, County Attorney

3rd reading:          September 5, 2007 _____________________________

Wayne Adams, County Administrator