BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 06-073      

A RESOLUTION AMENDING THE

 OFFICIAL ZONING DISTRICT MAP OF FRANKLIN COUNTY, KANSAS

            WHEREAS, the Franklin County Planning Commission of Franklin County, Kansas, received an application for a Zone Change from Darrell L. Salsbury, property owner of record, to rezone approximately 54.91 acres from an A-1 (Agriculture) District to an A-2 (Transitional Agriculture) District.  The property described below lies outside any incorporated city and is described as follows:

Tract 1:

Beginning at the Northeast Corner of the Northeast Quarter of Section 33, Township 15 South, Range 20 East of the Sixth P.M. Being marked with an existing ½” iron bar; THENCE South 01 degrees 49 minutes 37 seconds East 533.00 feet (Deed – Measured) on the East line of the Northeast Quarter to a ½” iron bar; THENCE South 88 degrees 17 minutes 54 seconds west 1808.21 feet Measured (1802.00 feet Deed) to a ½” iron bar; THENCE North 01 degrees 51 minutes 39 seconds West 533.00 feet (Deed – Measured) to the North line of the Northeast Quarter, said point is 843.00 feet East of the Northwest Corner of the Northeast Quarter of said Section 33 and being marked with a ½” iron bar; THENCE North 88 degrees 17 minutes 54 seconds East 1808.53 feet (1802.00 feet Deed) to the Point of Beginning, containing 22.13 acres, more or less, all in Franklin County, Kansas.

Tract 2:

Beginning at an existing ½” iron bar at the Northwest Corner of the Northeast Quarter of Section 33, Township 15 South, Range 20 East of the Sixth P.M.; THENCE North 88 degrees 17 minutes 54 seconds East 843.00 feet (Deed – Measured) on the North line of the Northeast Quarter to a ½” iron bar, said point is 1808.53 feet West of the Northeast Corner of the Northeast Quarter; THENCE South 01 degrees 51 minutes 39 seconds East 1694.00 feet (Deed – Measured) to a ½” iron bar; THENCE South 88 degrees 17 minutes 54 seconds West 843.00 feet on a line parallel with the North line of said Northeast Quarter of said Section 33 to the West line of the Northeast Quarter of said Section 33 being marked with a ½” iron bar; THENCE North 01 degrees 51 minutes 39 seconds West 1694.00 feet on said West line to the Point of Beginning, containing 32.78 acres, more or less, all in Franklin County Kansas.

WHEREAS, pursuant to K.S.A. 12-757(b), the Franklin County Planning Commission has published in the official county newspaper on the 25^th day of October 2006, notice of public hearing for said Zoning Change Request; and

            WHEREAS, pursuant to K.S.A. 12-757(b), the Franklin County Planning Commission held a public hearing on November 16^th, 2006 regarding said Zoning Change Request; and

            WHEREAS, the Franklin County Planning Commission, on November 16^th, 2006 in regular session and by a unanimous vote of those members present, approved said Zoning Change request based upon certain findings of fact, whereby recommending that the Official Zoning District Map of Franklin County, Kansas be amended; and

            WHEREAS, the Franklin County Board of County Commissioners, after duly reviewing the recommendation of the Planning Commission and considering all public comments and concerns regarding said Zoning Change, find that the rezoning of said property would not be detrimental to the surrounding properties and would be in compliance with the provisions of K.S.A. 12-753, the purpose and intent of the Franklin County Comprehensive Plan and the general welfare of the citizens of Franklin County.

NOW, THEREFORE, BE IT RESOLVED, that the Franklin County Board of County Commissioners does hereby approve rezoning of the above described tract of land from an “A-1” Agriculture District to an “A-2” Transitional Agriculture District and that the Official Zoning District Map of Franklin County, Kansas be amended to reflect the approved zoning change.

PASSED AND ADOPTED by the Franklin County Board of County Commissioners this 6^th day of December 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 6^th day of December 2006.

                                                                                                               /s/ Shari Perry

   Shari Perry

                                                                                                            County Clerk