BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 08-018      

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 Rick Leach, property owner of record, to rezone approximately 16.04 acres from an A-2 (Transitional Agriculture) District to an R-E (Residential Estate) District.  The property described below lies outside any incorporated city and is described as follows:

Tract 1:

Commencing at the Northeast Corner of the Southwest Quarter of Section 34, Township 18 South, Range 21 East of the Sixth P.M. being marked with a ½” iron bar; THENCE South 01 degrees 37 minutes 57 seconds East 825.00 feet (50 rods) on the East line of the Southwest Quarter, being marked with a ½” iron bar; THENCE South 88 degrees 19 minutes 49 seconds West 1056.00 feet on a line parallel with the North line of the Southwest Quarter and the True Point of Beginning, being marked with a ½” iron bar; THENCE South 01 degrees 37 minutes 57 seconds East 825.00 feet (50 rods) on a line parallel with the East line of the Southwest Quarter being marked with a ½” iron bar; THENCE South 88 degrees 19 minutes 49 seconds West 875.33 feet on a line parallel with the North line of the Southwest Quarter, to the East line of Cedar Street produced from the North, being marked with a ½” iron bar; THENCE North 01 degrees 51 minutes 20 seconds West 761.12 feet to the South line of Sixth Street, being marked with a ½” iron bar; THENCE North 88 degrees 19 minutes 49 seconds East 379.94 feet to the East line of Old Main Street, being marked with a ½” iron bar; THENCE North 01 degrees 51 minutes 20 seconds West 63.88 feet on the East line of Old Main Street to a point 50 rods South of the North line of the Southwest Quarter being marked with a ½” iron bar; THENCE North 88 degrees 19 minutes 49 seconds East 498.59 feet to the True Point of Beginning, containing 16.04 acres, more or less, including that part used as 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 26^th day of March 2008, 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 April 17^th, 2008 regarding said Zoning Change Request; and

            WHEREAS, the Franklin County Planning Commission, on April 17^th, 2008 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-2” Transitional Agriculture District to an “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 14^th day of May 2008.  This action shall become effective upon publication in the official county newspaper.

     Abstained                                                                         /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 14^th day of May 2008.

                                                                                                            /s/ Shari Perry

   Shari Perry

                                                                                                            County Clerk