STATE OF SOUTH  CAROLINA            )

                                                            )                       ORDINANCE NO. 11-31-07

COUNTY OF  NEWBERRY                 )

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP ESTABLISHED PURSUANT TO ZONING ORDINANCE NO.  12-24-01 SO AS TO REZONE TWO TRACTS, THE FIRST  TRACT CONTAINING APPROXIMATELY  ONE AND EIGHTY-FIVE HUNDREDTHS  (1.85) ACRES, DESIGNATED AS TMS PARCEL NO. 340-1-72, AND THE SECOND TRACT CONTAINING APPROXIMATELY ONE AND EIGHT-TENTHS (1.8)  ACRES, DESIGNATED AS TMS PARCEL 340-1-73, WITH BOTH TRACTS BEING REZONED  FROM RESIDENTIAL (RS-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, two applications were made to rezone tracts of land located on the western side of Highway 76 (Wilson Road) near its intersection with Smith Road, from Residential  (RS-2) to General Commercial (GC), the first tract containing one and eighty-five hundredths (1.85) acres, known as TMS Parcel Number 340-1-72 and the second tract containing  one and eight- tenths (1.8) acres, known as TMS Parcel Number 340-1-73  .   The Planning Staff found that the subject properties were surrounded by properties, the majority of which are zoned General Commercial (GC).  The subject parcels are  located in a commercially developed area just outside the City of Newberry, and the Planning Staff recommended that the properties be rezoned General Commercial (GC) to accommodate future commercial development and the implementation of the Comprehensive Plan. 

WHEREAS, the Newberry County Joint Planning Commission, in case numbers MA 01-10-16-07 and MA 02-10-16-07, considered these requests together at its meeting held on October 16,  2007. The Planning Commission concurred with the Staff Report on the proposed changes and determined that the proposed map amendments did promote the implementation of the Comprehensive Plan, and that the changes were needed to allow for commercial development at the site. These changes will conform the proposed commercial uses of the property with current zoning regulations and will allow growth and development of the commercial activity on the properties.  The Commission further determined that the changes would have a positive impact on the community, and approved the two rezoning requests, one for a one and eighty-five hundredths (1.85) acre tract designated as TMS No. 340-1-72 and the other for a  one and eight-tenths (1.8) acre tract designated as TMS 340-1-73.  The Planning Commission recommended its approval by Newberry County Council, and the Commission has forwarded its reports on the rezoning requests 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 these properties, known as TMS Parcel Numbers 340-1-72 and 340-1-73, located on the western side of Highway 76 (Wilson Road) near its intersection with Smith Road, to rezone these properties, one containing approximately one and eighty-five hundredths (1.85) acres, and having a depth of approximately 405 feet back from the edge of the right of way for Highway 76 (Wilson Road), and the other property containing approximately one and eight-tenths (1.8) acres, with both tracts being rezoned  from Residential (RS-2) to General Commercial (GC):

 

 

A.             That the amendments promote the implementation of the Comprehensive Plan.

B.              The proposed amendments are needed because the proposed development of commercial uses of the properties cannot be accomplished under the Residential (RS-2) classification but can be under the General Commercial (GC) classification.

C.              The proposed amendments 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 for the commercial development envisioned by the Comprehensive Plan.

 

NOW, THEREFORE, BE IT ORDAINED that:

           

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

 

                        2.            Newberry County Council directs the Zoning Administrator to amend the Official Zoning Map to rezone these properties, one containing approximately one and eighty-five hundredths (1.85) acres, having a lot depth of approximately 405 feet back from the edge of the right of way for Highway 76 (Wilson Road), and designated as TMS No. 340-1-72, and the other containing one and eight-tenths (1.8) acres and being designated as TMS No. 340-1-73, both of which are  located on the western side of Highway 76 (Wilson Road) near its intersection with Smith Road, and both are to be  rezoned from Residential  (RS-2) to General Commercial (GC).

            AND IT IS SO ORDAINED by Newberry County Council this 19th day of

 

December, 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:            November 14, 2007                        Reviewed and approved as to form:

Public Hearing:  December 5, 2007                        _____________________________

2nd reading:            December 5, 2007                        Gary T. Pope, County Attorney

3rd reading:            December 19, 2007                        _____________________________

Wayne Adams, County Administrator