BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 07-039

A RESOLUTION DENYING REZONING APPLICATION #0704-740 (HASTY) TO REZONE APPROXIMATELY 5.00 ACRES FROM “R-E” RESIDENTIAL ESTATE ZONE TO “I-1” LIGHT INDUSTRIAL 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 April 27^th, 2007, that a public hearing would be held to consider Rezoning application #0704-740 (Hasty) 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 May 17^th, 2007 hold a public hearing for the consideration of Rezoning Application #0704-740 (Hasty) to rezone 5.00 from “R-E” Residential Estate Zone to “I-1” Light Industrial Zone; and

WHEREAS, the Planning Commission, after reviewing and considering all reports and testimonies did, by a majority vote of those present, deny said Rezoning Application based on certain findings; 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 Rezoning Application finds:

A.                                         That the rezoning from “R-E” to “I-1” would not be in conformance with the County Comprehensive Plan;

B.                                         That the rezoning from “R-E” to “I-1” would not be consistent with the residential character of the surrounding community;

C.                                         That the rezoning from “R-E” to “I-1” would not be compatible with adjoining properties;

D.                                         That the rezoning from “R-E” to “I-1” would unduly impact or overburden the County roads,

E.                                          That the rezoning from “R-E” to “I-1”would not be in the public interest and would not promote the health, safety, and general welfare of the citizens of Franklin County.

NOW, THEREFORE, Be It Resolved, that the Franklin County Board of County Commissioners does hereby deny Rezoning Application #0704-740 (Hasty) to rezone 5.00 acres from “R-E” Residential Estate Zone to “I-1” Light Industrial Zone.

PASSED AND ADOPTED by the Franklin County Board of County Commissioners this 6^th day of June 2007.  This action shall become effective upon publication in the official county newspaper.

          /s/ Karen S Farrell                                                                 /s/ John E Taylor

            Karen S. Farrell                                                                        John E. Taylor                                  Commissioner District 1                                                                Commissioner District 2                              

            /s/ Roy C Dunn                                                                 Voted “no”

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 June 2007.

                                                                                                                        /s/ Shari Perry

  Shari Perry

                                                                                                                        County Clerk