BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 09-48

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 Merlin Barton 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:

Beginning at a ½” iron bar at the Northwest Corner of the Northeast Quarter of Section 3, Township 16 South, Range 18 East of the 6^th P.M.; THENCE North 88 degrees 22 minutes 16 seconds East 300.00 feet on the North line of said Section 3 to a ½” iron bar; THENCE South 01 degrees 46 minutes 01 seconds East 726.00 feet to a ½” iron bar; THENCE South 88 degrees 22 minutes 16 seconds West 300.00 feet to a ½” iron bar set on the West line of the Northeast Quarter; THENCE North 01 degrees 46 minutes 01 seconds West 726.00 feet to the Point of Beginning, containing 5.00 acres 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 November 2009.  This action shall become effective upon publication in the official county newspaper.

            /s/ John E Taylor                                              

            John E. Taylor                                                              

            Chairman                                                                                

                                                                                                              /s/ Shari Perry

Received and recorded this the 4^th day of November 2009.                      Shari Perry

                                                                                                            County Clerk