STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 07-22-08

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  2.0 ACRES PORTION OF A TRACT CONTAINING A TOTAL OF 6.68  ACRES DESIGNATED AS TMS PARCEL NO. 399-153, FROM RURAL (R2) 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 portion of a tract of land located on the north side of Fish Hatchery Road contiguous to the City of Newberry along Wilson Road to General Commercial (GC) from Rural (R2). This 2.0 acres portion of the tract is currently undeveloped.  The Comprehensive Plan shows the future land use in the area to be commercial.  The Planning Staff found recommended that this parcel be rezoned to accommodate any future commercial development that may be established with future upgrades to Fish Hatchery Road as traffic intensity dictates.  

WHEREAS, the Newberry County Joint Planning Commission, in case number MA 01-06-17-08, 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 the parcel with the recommendation of the Planning Staff.  It voted to approve the application to rezone the property to General Commercial (GC) 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 existing rural residential uses of the properties along Fish Hatchery Road and the designation by the City of Newberry as a General Commercial zoning district applied to a parcel contiguous to this parcel. 

NOW, THEREFORE, Newberry County Council makes the following findings of fact and law as to the merits of the rezoning request concerning a 2.0 acres portion of the parcel, TMS No.  399-153, totaling 6.68 acres and located off Fish Hatchery Road near the intersection with Wilson Road (US Hwy. 76) as more particularly shown on the plat prepared by C. A. Shealy, III, SCRLS 15182 submitted as a part of the “Official Zoning Map Amendment Applications” included in the submitted Planning Commission report attached hereto, to General Commercial (GC) from Rural (R2):

A.             That the proposed map amendment does promote the implementation of the Comprehensive Plan, and is necessary to allow the proposed development.

B.              The proposed map amendment would have a positive 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. 399-153 as a 2.0 acres tract which is a portion of the larger 6.68 acres tract 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:            July 16, 2008                            Reviewed and approved as to form:

Public Hearing:_____________                    _____________________________

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

3rd reading:________________                _____________________________

                                                                        Wayne Adams, County Administrator