BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 09-13

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 Nathan and Kelli Ball to rezone approximately 3.00 acres from an A-1 (Agriculture) District to an R-3A (Single Family Residential Three Acre) District.  The property described below lies outside any incorporated city and is described as follows:

New Tract:

Commencing at a 5/8” rebar at the Southeast Corner of the Southeast Quarter of Section 27, Township 17 South, Range 18 East of the 6^th P.M., Franklin County, Kansas; THENCE North 00 degrees 42 minutes 48 seconds East, 1662.46 feet along the East line of said Southeast Quarter to a ½” rebar, being the point of beginning; THENCE North 90 degrees 00 minutes 00 seconds West, 402.12 feet to a ½” rebar; THENCE North 00 degrees 42 minutes 48 seconds East, 325.00 feet to a ½” rebar; THENCE North 90 degrees 00 minutes 00 seconds East, 402.12 feet to a ½” rebar on said East line; THENCE South 00 degrees 42 minutes 48 seconds West 325.00 feet to the Point of Beginning.  Together with and subject to covenants, easements and restrictions of record.  Said property contains 3.00 acres, more or less, in Franklin County, Kansas as shown on survey by Taylor Design Group, P.A., dated January 2009.

WHEREAS, pursuant to K.S.A. 12-757(b), the Franklin County Planning Commission has published in the official county newspaper on the 23^rd day of December 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 January 15^th, 2009 regarding said Zoning Change Request; and

            WHEREAS, the Franklin County Planning Commission, on January 15^th, 2009 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-3A” Single Family Residential Three Acre 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 25^th day of February 2009.  This action shall become effective upon publication in the official county newspaper.

           /s/ John E Taylor                                               

            John E. Taylor                                                             

       Commissioner District 1                                                                                       

Received and recorded this the 25^th day of February 2009.

                                                                                                             /s/ Shari Perry

   Shari Perry

                                                                                                            County Clerk