BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

 

RESOLUTION NO. 06-011      

 

A RESOLUTION APPROVING SPECIAL USE PERMIT APPLICATION #0511-576 (SAMUEL) TO PERMIT THE OF A BY-PRODUCTS STORE IN AN “R-E” RESIDENTIAL ESTATE ZONING DISTRICT

 

            WHEREAS, Franklin County, Kansas is a county municipal government, organized pursuant to K.S.A. 19-101; and

                       

            WHEREAS, The Franklin County Board of County Commissioners did adopt Resolution #23-91 creating the Franklin County Planning Commission as provided in K.S.A. 12-744; and

 

            WHEREAS, the Franklin County Planning Commission did publish notice on December 28th, 2005 that a public hearing would be held to consider Special Use Permit application #0511-576 (Samuel) as required by K.S.A. 12-757 and Article 17, Section 17-3 of the Franklin County Zoning Regulations; and

 

            WHEREAS, the Planning Commission did on January 19th, 2006 hold a public hearing for the consideration of Special Use Permit Application #0511-576 for the operation of a by-products store in an “R-E” (Residential Estate) Zone; and

 

            WHEREAS, the Planning Commission, after reviewing and considering all reports and testimonies did, by a unanimous vote of those present, approved said Special Use Permit based on certain findings and subject to certain conditions; and

 

            WHEREAS, the Board of County Commissioners of Franklin County, after duly reviewing the recommendation of the Planning Commission together with all public comments for and against said Special Use Permit finds:

 

1.                  That the Special Use Permit is consistent with the County Zoning Regulations.

 

2.                  That the Special Use Permit is in conformance with and would further enhance the County Comprehensive Plan.

 

3.                  That as conditioned, the Special Use Permit will not overburden the County roads and other public services.

 

4.                  That as conditioned, the Special Use Permit will not unduly affect the character of the surrounding community.

 

5.                  That as conditioned, the Special Use Permit will not impact property values of surrounding properties.

 

 

 

 

NOW, THEREFORE, Be It Resolved, that the Franklin County Board of County Commissioners does hereby approve Special Use Permit Application #0511-576 (Samuel) to permit the operation of a by-products store in an “R-E” Residential Estate Zone as follows:

 

 

 

Section 1:         Special Use Permit #0511-576 (Samuel) is granted for the following described property:

 

Tract:  Beginning at the Southeast Corner of Section 20, Township 16 South, Range 19 East; THENCE North 660 feet; THENCE West 420 feet; THENCE South 485 feet; THENCE West 407 ½ feet; THENCE South 175 to a point due West of the Point of Beginning; THENCE East to the POINT OF BEGINNING, containing 8 acres, more or less, all in Franklin County, Kansas.

 

 

Section 2:         The real property described above shall be authorized to operate a Horse Boarding Facility pursuant to the Franklin County Zoning Regulations and the following conditions:

 

1.                  That the applicant shall obtain appropriate building permits for any new construction or re-construction.

 

2.                  Signs may be permitted subject to the provisions set forth in Article 20 of the County Zoning Regulations.

 

3.                  Sale of products and materials shall be limited to items produced from Alpacas.  Any expansion of products or material offered for sale shall require an amended Special Use Permit.

 

4.                  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 the date of approval.

 

 

PASSED AND ADOPTED by the Franklin County Board of County Commissioners this 6th day of February 2006.  This action shall become effective upon publication in the official county newspaper.

 

 

         /s/ Donald E. Waymire                                                                       absent

            Donald E. Waymire                                                                  John E. Taylor                                  Commissioner District 1                                                                Commissioner District 2                              

         /s/ Roy C. Dunn                                                                       /s/ Donald C. Hay

Roy C. Dunn                                                                            Donald C. Hay

     Commissioner District 3                                                            Commissioner District 4

 

 

      /s/ Donald R. Stottlemire

                   Donald R. Stottlemire

    Commissioner District 5

 

 

Received and recorded this the 6th day of February 2006.

 

                                                                               /s/ Shari Perry

                                                                              Shari Perry

                                                                              County Clerk