BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 09-28

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 Nancy Weeks and Anita Due 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 the Southwest Corner of the Northwest Quarter of Section 11, Township 16 South, Range 20 East of the Sixth P.M., being marked with a ½” iron bar; THENCE North 00 degrees 05 minutes 31 seconds West 310.00 feet on the West line of the Northwest Quarter to a ½” iron bar and the true point of beginning; THENCE North 00 degrees 05 minutes 31 seconds West 473.60 feet on said West line to a ½” iron bar; THENCE South 89 degrees 49 minutes 16 seconds East 459.60 feet to a ½” iron bar; THENCE South 00 degrees 05 minutes 31 seconds East 473.60 feet to a ½” iron bar; THENCE North 89 degrees 49 minutes 16 seconds West 459.90 feet to the Point of Beginning, containing 5.00 acre, more or less, 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 25^th day of February 2009, 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 March 19^th, 2009 regarding said Zoning Change Request; and

            WHEREAS, the Franklin County Planning Commission, on March 19^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-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 4^th day of May 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 4^th day of May 2009.

                                                                                                               /s/ Shari Perry

   Shari Perry

                                                                                                            County Clerk