STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 09-28-07

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 APPROXIMATELY  ONE AND SIX-TENTHS  (1.6) ACRES, DESIGNATED AS TMS PARCEL NO. 651-30, FROM RURAL (R-2) 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 one and six-tenths (1.6) acre tract, located on State Park Road near Dreher Island Road in the Lake Murray area from Rural (R-2) to General Commercial (GC).   The Planning Staff found that the property is adjacent to an established three acre commercial use at 95 State Park Road.  Except for the existing commercial use which is zoned General Commercial (GC), the other adjacent property is zoned R-2 Rural, and is a low density rural area near Lake Murray.  The existing commercial business can not be expanded into providing additional water craft storage and mini-warehouse storage spaces without the requested zoning, and due to the existing commercial nature of the adjacent property, the quiet nature of the enterprise, the need for such storage units in the area, and the minimal impact on local traffic, the change should have no negative impact on the neighborhood or on 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 01-08-21-07, considered this request at its meeting held on August 21, 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 existing use of the property to expand, which could not be done under the R-2 classification. This change will conform the proposed use of the property with current zoning regulations 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 one and six-tenths (1.6) acre tract designated as TMS No. 651-30.  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 on State Park Road, adjacent to the existing commercial use at 95 State Park Road in the Lake Murray area, to rezone this property, containing approximately one and six-tenths (1.6) acres, from Rural (R-2) to General Commercial (GC):

A.             That the amendment promotes the implementation of the Comprehensive Plan.

B.              The proposed amendment is needed because the proposed expansion of the existing commercial activity on the adjacent property cannot be accomplished under the Rural (R-2) 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, by providing convenient off-site storage for watercraft and personal possessions, and the proposed expansion of the use of the property requires a General Commercial (GC) classification.

NOW, THEREFORE, BE IT ORDAINED that:

                        1.            Newberry County Council hereby accepts the recommendation 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 property, containing approximately one and six-tenths (1.6) acres, and designated as TMS No. 651-30, located adjacent to 95 State Park Road in the Lake Murray area, from Rural (R-2) to General Commercial (GC).

            AND IT IS SO ORDAINED by Newberry County Council this 3rd day of

 

October, 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:            September 5, 2007                        Reviewed and approved as to form:

Public Hearing:September 19, 2007                        _____________________________

2nd reading:            September 19, 2007                        Gary T. Pope, County Attorney

3rd reading:            October 3, 2007                        _____________________________

Wayne Adams, County Administrator