BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 09-02

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 Larry Baker to rezone approximately 5.00 acres 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:

New Tract:

Commencing at a ½” rebar at the Southwest Corner of the Southwest Quarter of Section 11, Township 19 South, Range 17 East of the 6^th P.M., Franklin County Kansas; THENCE along the West line of said Southwest Quarter North 01 degrees 38 minutes 31 seconds West 1043.51 feet to a ½” rebar at the Point of Beginning; THENCE along said West line North 01 degrees 38 minutes 31 seconds West 827.86 feet to a ½” rebar; THENCE North 89 degrees 31 minutes 34 seconds East 264.00 feet to a ½” rebar; THENCE parallel with said West line, South 01 degrees 38 minutes 31 seconds East 822.48 feet to a ½” rebar; THENCE South 88 degrees 21 minutes 29 seconds West 263.95 feet to the Point of Beginning. Together with and subject to covenants, easements and restrictions of record. Said property contains 5.00 acres, more or less, in Franklin County Kansas as shown on survey by Taylor Design Group, P.A. dated November 2008

WHEREAS, pursuant to K.S.A. 12-757(b), the Franklin County Planning Commission has published in the official county newspaper on the 29^th day of October 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 December 18^th, 2008 regarding said Zoning Change Request; and

            WHEREAS, the Franklin County Planning Commission, on December 18^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-1” 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 7^th day of January 2009.  This action shall become effective upon publication in the official county newspaper.

          /s/ Karen S Farrell                                             

            Karen S. Farrell                                                                       

       Commissioner District 1                                                                                       

Received and recorded this the 7^th day of January 2009.

                                                                                                             /s/ Shari Perry

   Shari Perry

                                                                                                            County Clerk