BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

 

RESOLUTION NO. 08-036

 

 

A RESOLUTION APPROVING SPECIAL USE PERMIT APPLICATION #0806-863 (KLEITZ) TO PERMIT THE CONSTRUCTION AND OPERATION OF A CONTRACTORS STORAGE FACILITY IN AN “A-2” TRANSITIONAL AGRICULTURE ZONING DISTRICT

 

            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 June 19th, 2008 that a public hearing would be held to consider Special Use Permit application #0806-863 (Kleitz) as required by K.S.A. 12-757 and Article 17, Section 17-3 of the Franklin County Zoning Regulations; and

 

            WHEREAS, the Planning Commission did on July 10th, 2008 hold a public hearing for the consideration of Special Use Permit Application #0806-863 for the construction and operation of a contractors storage facility in an “A-2” (Transitional Agriculture) Zone; and

 

            WHEREAS, the Planning Commission, after reviewing and considering all reports and testimonies did, by a unanimous vote of those present, approved said Special Use Permit based on certain findings and subject to certain conditions; 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 Special Use Permit finds:

 

1.                  That the Special Use Permit is consistent with the County Zoning Regulations.

 

2.                  That the Special Use Permit is in conformance with and would further enhance the County Comprehensive Plan.

 

3.                  That as conditioned, the Special Use Permit will not overburden the County roads and other public services.

 

4.                  That as conditioned, the Special Use Permit will not unduly affect the character of the surrounding community.

 

5.                  That as conditioned, the Special Use Permit will not impact property values of surrounding properties.

NOW, THEREFORE, Be It Resolved, that the Franklin County Board of County Commissioners does hereby approve Special Use Permit Application #0806-863 (Kleitz) to permit the construction and operation of a contractors storage facility in an “A-2” Transitional Agriculture Zone as follows:

 

 

 

Section 1:         Special Use Permit #0806-863 (Kleitz) is granted for the following described property:

 

The Northwest Quarter (NW ¼) of the Northeast Quarter (NE ¼) of Section 9, Township 18 South, Range 21 East containing 40 acres, more or less, all in Franklin County Kansas, subject to all easements, restrictions and special assessments now of record.

 

 

Section 2:         The real property described above shall be authorized to construct and operate a contactors storage facility pursuant to the Franklin County Zoning Regulations and the following conditions:

 

1.      That the Special Use Permit is granted for the use of a contractor’s storage facility.  Any additional uses will require approval of an amended Special Use Permit.

 

2.      That the applicant shall obtain appropriate building permits for any new construction or re-construction.

 

3.      That the storage of material and equipment, other than agricultural equipment, shall be within an area screened from view by a fence, wall or other screening within six (6) months from the date of approval.

 

4.      That the access driveway shall be improved and maintained with an all weather surface.

 

5.      Any sign(s) used in conjunction with this Special Use Permit shall conform to the Franklin County Zoning Regulations.

 

6.      That the Special Use Permit shall be null and void by operation of law if the Special Use Permit has not been initiated and utilized by commencing the activity or use at the site specified in said permit within one (1) year of the date of approval.

 

 

PASSED AND ADOPTED by the Franklin County Board of County Commissioners this 23rd day of July 2008.  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 23rd day of July 2008.

 

                                                                                                /s/ Shari Perry

                                                                                                Shari Perry

                                                                                                County Clerk