BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 09-29

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 Henry and Mary Morgan to rezone approximately 30.00 acres from an A-1 (Agriculture) District to an A-2 (Transitional Agriculture) 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 13, Township 19 South, Range 20 East of the Sixth Principal Meridian, in Franklin County Kansas; THENCE North 01 degrees 39 minutes 30 seconds West for a distance of 1468.83 feet along the East line of said Section 13 to a ½” rebar at the Point of Beginning; THENCE South 88 degrees 00 minutes 23 seconds West for a distance of 1000.00 feet to a ½” rebar; THENCE North 01 degrees 39 minutes 30 seconds West for a distance of 1306.82 feet to a ½” rebar; THENCE North 88 degrees 00 minutes 23 seconds East for a distance of 1000.00 feet to a ½” rebar on the East line of said Section 13; THENCE South 01 degrees 39 minutes 30 seconds East for a distance of 1306.82 feet to the Point of Beginning.  Subject to covenants, easements and restrictions of record.  Said property contains 30.00 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 26^th day of March 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 April 16^th, 2009 regarding said Zoning Change Request; and

            WHEREAS, the Franklin County Planning Commission, on April 16^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 “A-2” Transitional Agriculture 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