STATE OF SOUTH CAROLINA )

) ORDINANCE NO. 07-24-08

COUNTY OF NEWBERRY )

AN ORDINANCE ACTING ON A COUNCIL-INITIATED 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 ONE HUNDRED AND TWENTY FIVE TRACTS CONTAINING A TOTAL OF 129.88 ACRES DESIGNATED AS TMS PARCEL NOS. 4-2-1 THROUGH AND INCLUDING 4-2-14 AND 4-2-12/1 (15 PARCELS); AND NOS. 4-1-1 THROUGH AND INCLUDING 4-1-76 AND 4-1-53/1, 4-1-100, 4-16/1,2 AND 3 (81 PARCELS); AND NOS. 5-2-2 THROUGH AND INCLUDING 5-2-30 (29 PARCELS) FROM SINGLE FAMILY RESIDENTIAL (RS-1) TO SINGLE FAMILY RESIDENTIAL (RS-1A).

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, County Council has initiated this map amendment to rezone one hundred and twenty-five tracts of land located along the northeast shore of Lake Greenwood in Newberry County and more specifically within the residential subdivisions of Summerset Point, Summerset Bay and Windmill Landing to Single Family Residential (RS-1A) from Single Family Residential (RS-1). These tracts are currently used for residential purposes. The Comprehensive Plan shows the future land use in the area to be medium to high density residential. The proposed zoning district will not alter the current density or residential use with respect to stick-built homes.

WHEREAS, the Newberry County Joint Planning Commission, in case number MA 01-07-15-08, had this matter on its agenda and to be provided at Council meeting , and

WHEREAS, Newberry County Council is familiar with the site and the prior residential uses of the properties within the three affected subdivisions along the shore of Lake Greenwood, as that area develops, and

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. 4-2-1 through and including 4-2-14 and 4-2-12/1 (15parcels); and Nos. 4-1-1 through and including 4-1-76 and 4-1-53/1, 4-1-100, 4-16/1,2 and 3 (81 parcels); and Nos. 5-2-2 through and including 5-2-30 (29 parcels), totaling 129.88 acres and located at various addresses within the Summerset Point, Summerset Bay and Windmill Landing residential subdivisions 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-1A) from Single Family Residential (RS-1):

A. That the proposed map amendments promote the implementation of the Comprehensive Plan, and are consistent with the prior, long-time residential uses of the property, and that the existing residential uses cannot be modified 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. 4-2-1 through and including 4-2-14 and 4-2-12/1 (15parcels); and Nos. 4-1-1 through and including 4-1-76 and 4-1-53/1, 4-1-100, 4-16/1,2 and 3 (81 parcels); and Nos. 5-2-2 through and including 5-2-30 (29 parcels), totaling 129.88 acres as acted on by the Planning Commission, be:

___________ disapproved;

XXXX____ approved; or

___ ___________ approved with the following modifications: ______________

___ ____________________________________________________________________.

AN 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

1^st reading: July 16, 2008 Reviewed and approved as to form:

Public Hearing: August 6, 2008 _____________________________

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

3^rd reading:________________ _____________________________

Wayne Adams, County Administrator