BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

 

RESOLUTION NO. 07- 056      

 

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 the Madl Family Estates, property owner of record, to rezone approximately 42.5 acres from an A-2 (Transitional Agriculture) District to an A-1 (Agriculture) District and to rezone approximately 20.00 acres from an R-E (Residential Estate) District to an A-2 (Transitional Agriculture) District and to rezone approximately 32.7 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:

 

A tract of land in the Northwest Quarter of Section 22, Township 15 South, Range 20 East of the Sixth P.M. being more particularly described as follows:  Commencing at the Northeast Corner of the Northwest Quarter of said Section 22; THENCE South 88 degrees 19 minutes 31 seconds West 415.25 feet on the North line of the Northwest Quarter to the True Point of Beginning; THENCE South 02 degrees 17 minutes 43 seconds East 745.43 feet; THENCE North 79 degrees 49 minutes 33 seconds West 214.38 feet; THENCE South 05 degrees 07 minutes 13 seconds West 544.31 feet; THENCE South 75 degrees 44 minutes 57 seconds East 202.73 feet; THENCE South 01 degrees 56 minutes 56 seconds West 363.80 feet; THENCE North 88 degrees 19 minutes 36 seconds East 527.42 feet to the East line of the Northwest Quarter; THENCE South 02 degrees 17 minutes 43 seconds East 971.21 feet on the East line of the Northwest Quarter to the Southeast Corner of the Northwest Quarter; THENCE South 88 degrees 29 minutes 22 seconds West 892.49 feet on the South line of the Northwest Quarter; THENCE North 02 degrees 17 minutes 43 seconds West 600.00 feet on a line parallel with the East line of the Northwest Quarter; THENCE South 88 degrees 29 minutes 22 seconds West 180.80 feet on a line parallel with the South line of the Northwest Quarter; THENCE North 02 degrees 17 minutes 43 seconds West 2028.80 feet on a line parallel with the East line of said Northwest Quarter to the North line of said Northwest Quarter; THENCE North 88 degrees 19 minutes 31 seconds East 658.00 feet to the True Point of Beginning, containing 42.31 acres, more or less, including that part used for road right of way, all in Franklin County Kansas.

 

Tract 2:

 

A tract of land in the Northwest Quarter of Section 22, Township 15 South, Range 20 East of the Sixth P.M. being more particularly described as follows:  Beginning at the Northeast Corner of the Northwest Quarter of said Section 22; THENCE South 02 degrees 17 minutes 43 seconds East 1660.66 feet on the East line of the Northwest Quarter; THENCE South 84 degrees 44 minutes 14 seconds West 527.24 feet; THENCE North 01 degrees 56 minutes 56 seconds East 300.00 feet; THENCE North 75 degrees 44 minutes 57 seconds West 202.73 feet; THENCE North 05 degrees 07 minutes 13 seconds East 644.17 feet; THENCE North 88 degrees 10 minutes 13 seconds East 196.44 feet; THENCE North 02 degrees 17 minutes 43 seconds West 601.72 feet to the North line of the Northwest Quarter; THENCE North 88 degrees 19 minutes 31 seconds East 415.25 feet to the Point of Beginning containing 20 acres, more or less, including that part used for road right of way, all in Franklin County Kansas.

 

Tract 3:

 

A tract of land in the Northwest Quarter of Section 22, Township 15 South, Range 20 East of the Sixth P.M. being more particularly described as follows:  Commencing at the Northwest Corner of the Northwest Quarter of said Section 22; THENCE North 88 degrees 19 minutes 31 seconds East 510.00 feet on the North line of said Northwest Quarter to the True Point of Beginning; THENCE North 88 degrees 19 minutes 31 seconds East 1093.56 feet on said North line; THENCE South 02 degrees 17 minutes 43 seconds East 2028.80 feet on a line parallel with the East line of the Northwest Quarter; THENCE North 88 degrees 29 minutes 22 seconds East 180.80 feet on a line parallel with the South line of said Northwest Quarter; THENCE South 02 degrees 17 minutes 43 seconds East 600.00 feet to the South line of the Northwest Quarter; THENCE South 88 degrees 29 minutes 33 seconds West 393.82 feet on said South line, said point being 1381.57 feet East of the Southwest Corner of the Northwest Quarter; THENCE North 02 degrees 29 minutes 33 seconds West 1772.49 feet on a line parallel with said West line of the Northwest Quarter; THENCE South 88 degrees 21 minutes 14 seconds West 871.38 feet; THENCE North 02 degrees 30 minutes 05 seconds West 855.38 feet to the True Point of Beginning, containing 32.73 acres, more or less, including that part used for road right of way, 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 25th day of July 2007, 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 August 16th, 2007 regarding said Zoning Change Request; and

 

            WHEREAS, the Franklin County Planning Commission, on August 16th, 2007 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-2” Transitional Agriculture District to an “A-1” Agriculture District and from an “R-E” Residential Estate District to an “A-2” Transitional Agriculture District and 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 5th day of September 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                                                                       /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 5th day of September 2007.

                                                                                                           

                                                                                                            /s/ Shari Perry

   Shari Perry

                                                                                                            County Clerk