BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 06-081

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 Gerald Shepherd and Tim & Janet Matthias, property owners of record, to rezone approximately 20 acres, described in Tract “A”, from an A-1 (Agriculture) District to an A-2 (Transitional Agriculture) District and to rezone approximately 10.00 acres, described in Tract “B”, from an A-1 (Agriculture) District to an R-E (Residential Estate) District.  The property described below lies outside any incorporated city and is described as follows:

Tract A:

Beginning at the Northwest Corner of the Northwest Quarter of Section 29, Township 17 South, Range 18 East of the Sixth P.M.; THENCE North 88 degrees 27 minutes 43 seconds East 655.34 feet on the North line of the Northwest Quarter of said Section 29; THENCE South 01 degrees 04 minutes 16 seconds East 1325.52 feet to the South line of the North Half of the Northwest Quarter of said Section 29; THENCE South 88 degrees 26 minutes 29 seconds West 656.92 feet on said South line to the West line of the Northwest Quarter of said Section 29; THENCE North 01 degrees 00 minutes 11 seconds West 1325.77 feet to the Point of Beginning containing 20.00 acres, more or less, all in Franklin County Kansas.

Tract B:

Commencing at the Northwest Corner of the Northeast Quarter of Section 29, Township 17 South, Range 18 East of the Sixth P.M.; THENCE North 88 degrees 26 minutes 13 seconds East 643.07 feet on said North line to the True Point of Beginning; THENCE North 88 degrees 26 minutes 13 seconds East 516.15 feet on said North line; THENCE South 01 degrees 03 minutes 03 seconds East 737.62 feet; THENCE South 59 degrees 42 minutes 01 seconds West 414.29 feet; THENCE North 41 degrees 54 minutes 40 seconds West 244.63 feet; THENCE North 00 degrees 38 minutes 23 seconds West 750.43 feet to the True Point of Beginning containing 10.00 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 30^th day of August 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 September 21^st, 2006 regarding said Zoning Change Request; and

            WHEREAS, the Franklin County Planning Commission, on September 21^st, 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 tracts of land from an “A-1” Agriculture District to an “A-2” Transitional Agriculture District and from an “A-1” Agriculture District to a “R-E” Residential Estate 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 27^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 27^th day of December 2006.

                                                                                                           /s/ Shari Perry

   Shari Perry

                                                                                                            County Clerk