BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 06-030

A RESOLUTION DENYING SPECIAL USE PERMIT APPLICATION #0603-605 (ASPHALT SALES, INC.) FOR THE OPERATION OF A QUARRY OPERATION TO EXTRACT LIMESTONE IN AN “A-1” AGRICULTURE ZONE

            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 March 29^th, 2006 that public hearing would be held to consider Special Use Permit application #0603-605 (Asphalt Sales, Inc.) as required by K.S.A. 12-757 and Article 17, Section 17-3.01 of the Franklin County Zoning Regulations; and

            WHEREAS, the Planning Commission did on April 20^th, 2006 hold a public hearing for the consideration of Special Use Permit application #0603-605 to permit the operation of a quarry operation to extract limestone; and

            WHEREAS, the Planning Commission, after reviewing and considering all reports and testimonies did, by a majority vote of those present, denied 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 location of the proposed quarry is in an area in transition from agricultural uses to an area being developed for residential purposes.

2.      That the quarry operation would unduly affect the character of the surrounding community.

3.      That the quarry operation would impact property values of the surrounding properties.

4.      That the findings necessary to approve a quarry operation cannot be made and therefore would not be consistent with the intent of Section 4-3.01 of the County Zoning Regulations.

5.      That approval of a Special Use Permit for the operation of a quarry would not further nor enhance the objectives and policies of the Franklin County Comprehensive Plan.

NOW, THEREFORE, Be It Resolved, that the Franklin County Board of County Commissioners does hereby deny Special Use Permit Application #0603-605 (Asphalt Sales, Inc.) to permit the operation of a quarry operation to extract limestone in a “A-1” Agriculture Zone.

PASSED AND ADOPTED by the Franklin County Board of County Commissioners this 10^th day of May, 2006.  This action shall become effective upon publication in the official county newspaper.

          /s/ Donald E. Waymire                                                            /s/ John E. Taylor 

            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 10^th day of May, 2006.

                                                                                                                        /s/ Shari Perry

  Shari Perry

                                                                                                                        County Clerk