August 4, 2003
BOARD OF FRANKLIN COUNTY COMMISSIONERS
The Board of Commissioners met in a regular session with Chairman John E. Taylor and Commissioners Fred E. Ferguson, Donald R. Stottlemire and Donald E. Waymire present.
The meeting was called to order by Chairman Taylor at 8:30.
Larry Walrod discussed a Grant of Easement for a lot split for Royce Powelson.
Commissioner Waymire moved and Commissioner Stottlemire seconded to accept a Grant of Permanent Right-of-Way between Royce R. Powelson and Franklin County for a tract located in Section 35, Township 18, Range 20. All voted “yes.”
Larry Walrod discussed a rezoning application for Lance & Shari McCurry to rezone approximately 10 acres from A-1 to R-E for financing purposes. Property is located on the East side of Iowa Rd. approximately quarter mile South of Cloud Rd. in the W1/2 of the NW1/4 in Section 5, Township 19, Range 19. Larry said the Planning Commission recommends approval.
Commissioner Stottlemire moved and Commissioner Waymire seconded to approve Resolution No. 03-86 amending the official zoning district map and approving rezoning of approximately 10 acres from A-1 to R-E located in Section 5, Township 19, Range 19 and owned by Lance & Shari McCurry. All voted “yes.”
Larry Walrod discussed a rezoning application for Rauf Waheed to rezone approximately 10.2 acres from R-E to C-2 to permit the construction and operation of a retail outlet warehouse specializing in camping, sporting, etc. wholesale distributorship. Property is located at the SW corner of Jackson Rd., Iowa Rd. and I-35 Highway. Site is unusual in that it’s bounded bon the North by Jackson Rd. and on the South and East by I-35 and Idaho Rd. at the overpass and interchange of I-35 and Idaho Rd. Larry stated at the Planning Commission hearing eleven persons testified opposed to the rezoning. A protest petition was filed on July 31 and signed by property owners within 1,000 feet which Larry said would require all County Commissioner’s present to vote for the rezoning. Larry said that there was only six Planning Commissioners present during the public hearing.
Rauf Waheed of 1470 Jackson Rd. discussed leasing a small tract for a billboard. The warehouse/outlet would be for Coleman dealer and they would have one truck load a month delivering to the site.
Charles Brazeal of 1412 Jackson Rd. discussed dangerous intersection and road.
Rick Furst of 1329 Jackson Rd. said there are two Coleman dealers in Franklin County, there would be a traffic problem and the Leloup interchange already had a vacant building.
Lloyd Boles of 1329 Jackson Rd. said they would have to look at it for the next 20 to 30 years, dangerous curves and that it would down grade their properties and affect their taxes.
Jane Boles of 1329 Jackson Rd. said they also had a petition of people that don’t live within the 1,000 feet, but travel the road daily.
James Harmon of 1431 Jackson Rd. would make property around it hard to sell and make it not worth much money, and road is dangerous.
Tully Fowler of 1152 Jackson Rd. said warehousing belongs in industrial zoning, this change would hurt the environment and wildlife and if trucks miss turn there is no place to turn around and the road is dangerous.
Jane Boles of 1329 Jackson Rd. said some people were afraid to sign the petition, because they might want some kind of permit from the County.
Tully Fowler of 1152 Jackson Rd. said there is a difference between county appraisal and open market.
Commissioner Stottlemire said he felt it needed to go back to the Planning Commission for consideration because only six members where present for the public hearing and that the County Commissioner’s need to drive out and look at the property and roads.
Commissioner Stottlemire moved and Commissioner Ferguson seconded to send application back to the Planning Commission for a vote from all the Board members, since only six where present for recommendation to the County Commission. All voted “yes.”
Larry Walrod discussed rezoning application for Patricia Charlton to rezone approximately 3 acres from A-1 to R-3A to permit the sale of the manufactured home located near the intersection of Jackson Rd. and Georgia Rd. on the South side of Jackson Rd. in the NW1/4 of the NW1/4 of Section 35, Township 17, Range 18. Larry stated that the Planning Commission recommends approval.
Commissioner Stottlemire moved and Commissioner Waymire seconded to approve Resolution 03-87 amending the official zoning district map and approving rezoning of approximately 3 acres from A-1 to R-3A located in Section 35, Township 17, Range 18 and owned by Patricia Charlton. All voted “yes.”
Larry Walrod discussed a special use permit application from George Chaney and property owners Craig & Krista Chaney to operate a bed & breakfast facility including walking/riding trails and additional uses proposed include the incidental sale of crafts, retreat meetings, food serving facilities for special groups and organizations. Property is located on both sides of Indiana Rd. approximately ¼ mile North of Kingman Rd. in the NW1/4 of the SW1/4 of Section 18, Township 17, Range 19 and the NE1/4 of the SE1/4 of Section 13, Township 17, Range 18. Larry said the Planning Commission recommend approval with nine conditions.
Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 03-88 approving a special use permit for George Chaney as applicant and Craig and Krista Chaney as property owners to operate a bed and breakfast facility in an A-1 and A-2 zone located in Section 18, Township 17, Range 19 and Section 13, Township 17, Range 19 with the following conditions: 1) The bed and breakfast facility shall obtain and adhere to any licensing requirements of the State of Kansas, 2) That all sanitation facilities shall comply with the Franklin County Sanitation Code and any requirements of the Kansas Department of Health and Environment, 3) That minimum of twenty (20) parking spaces shall be provided and shall be maintained with an all weather surface, 4) That all vehicle driveways shall be maintained with an all weather surface, 5) That the bed and breakfast facility shall be owner operated and there shall be no other employees, 6) That all structures used in the bed and breakfast facility shall comply with the County Building Code, 7) That signs shall comply with the signing plan approved by the Planning Commission for two (2) entrance signs not to exceed 9 square feet each in area, 8) That the sale of alcoholic beverages shall be prohibited and 9) That the Special Use Permit shall become null and void by operation of law if the special use permit has not been initiated and utilized by commencing the activity at the specified site within one (1) year of date of approval. All voted “yes.”
Tom Weigand in and discussed on behalf of Rauf Waheed the interchange business that he wants to put in at the Homewood Exit off of I-35. Tom said that it follows the comprehensive plan and that C-2 is appropriate zoning for the interchange.
Commissioner Waymire left at 9:50.
Commissioner Stottlemire moved and Commissioner Ferguson seconded to approve payroll changes 03-331 for Parker Sayler with 911 Dispatch, 03-332 for Renea Sammons with 911 Dispatch and 03-346 for Phil Depriest with the Sheriff’s Department. All voted “yes.”
Commissioner Waymire back at 10:05.
Commissioner Waymire moved and Commissioner Ferguson seconded to approve the minutes for July 30, 2003. All voted “yes.”
Chairman Taylor signed a contract with Hi Plains for work on the Texas Rd. Bridge.
Commissioner Waymire moved and Commissioner Ferguson seconded to approve payroll changes 03-337 for Matthew Rodgers, 03-340 for Clarence Riggs and 03-347 for Ben Medlin all with Public Works. All voted “yes.”
Board, Ray DeJulio and Shari Perry left at 10:25 to view roads and bridges.
Drove Shawnee Rd. from Leloup to Ohio Rd. to view the leveling that has just been completed and Ohio Rd. to view leveling and overlay that was just completed. Ray said that Shawnee Rd. will also be chip and sealed.
Viewed bridge on Virginia Rd. 1 ¾ miles South of K-68. Bridge has cracks at abutment/wingwall joint, is narrow and cost estimate to replace is $180,000. Bridge has a very low traffic count.
Viewed property and roads around property owned by Rauf Waheed at Jackson Rd and Idaho Rd. Mr. Waheed has applied for a zoning change to commercial.
Viewed property on Indiana Rd. owned by Craig and Krista Chaney that was approved for a special use permit for a bed and breakfast.
Back a Courthouse at 12:15 and with the further discussion the meeting was adjourned.
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Clerk Chairman