BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 09- 07

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 Kevin Pietro to rezone approximately 26.23 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:

New Tract:

Beginning at a ½” iron pin at the Southwest Corner of the Northwest Quarter of Section 35, Township 16 South, Range 20 East of the 6^th Principal meridian; THENCE North 02 degrees 03 minutes 11 seconds West for a distance of 1107.91 feet along the West line of said Northwest Quarter to a ½” iron pin, the TRUE POINT OF BEGINNING; THENCE North 02 degrees 03 minutes 11 seconds West for a distance of 435.98 feet along the West line to a ½” iron pin; THENCE North 88 degrees 29 minutes 45 seconds East for a distance of 1470.97 feet to a ½” iron pin; THENCE South 02 degrees 01 minutes 54 seconds East for a distance of 1075.55 feet to a ½” iron pin; THENCE South 88 degrees 41 minutes 09 seconds West for a distance of 792.22 feet to a ½” iron pin; THENCE North 00 degrees 36 minutes 54 seconds West for a distance of 634.70 feet to a ½” iron pin; THENCE South 88 degrees 41 minutes 09 seconds west for a distance of 694.33 feet to the TRU E POINT OF BEGINNING, containing 26.23 acres, more or less, 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 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-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 28^th day of January 2009.  This action shall become effective upon publication in the official county newspaper.

           /s/ John E Taylor                                               

            John E. Taylor                                                             

              Chairman                                                                               

Received and recorded this the 28^th day of January 2009.

                                                                                                           /s/ Shari Perry

   Shari Perry

                                                                                                            County Clerk