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HomeMy WebLinkAboutOrdinance 5852 04/07/1997 . . . ,~ ORDINANCE NO. 5852 (EMERGENCY) AN ORDINANCE REZONING CERTAIN REAL PROPERTY IN THE CITY OF SPRINGFIELD, OREGON, LOCATED BETWEEN THE MCKENZIE HIGHWAY AND A STREET (ASSESSOR'S MAP NO. 17-02-34-42, TAX LOT 4400), FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL, AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD FINDS AS FOLLOWS: 1. Branch Engineering filed an application to rezone the property located between McKenzie Highway and North A Street immediately south of 64th Street (Assessor's Map No. 17-02-34-42, Tax Lot 4400), Jo. No.96-07-149, on July 19, 1996. 2. The applicant filed a Petition for writ of Mandamus in Lane County Circuit Court on December 19, 1996, seeking a Peremptory writ ordering the City of Springfield to approve the request for a zone change. 3. On February 28, 1997, a Judgment was entered in Lane County Circuit Court Case No. 16-96-11323 ordering that the Peremptory writ of Mandamus shall issue and ordering the City of Springfield to approve the request to rezone the subject property to medium density residential. In accordance with the Peremptory writ of Mandamus (Lane County Circuit Court Case No. 16-96-11323), THE CITY OF SPRINGFIELD DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The official zoning map of the City of Springfield is hereby amended to provide that the property located between the McKenzie Highway and North A Street (Assessors Map No. 17-02-34-42, tax lot 4400) shall be zoned medium density residential. section 2: It is hereby determined that an emergency exists in that the City must comply in a timely manner with the Lane County Circuit Court Peremptory Writ of Mandamus, 'and that matters pertaining to zoning reclassifications affect the public welfare of the city of Springfield and ... .\1. ,"" . that this ordinance shall therefore take effect immediately upon its passage by the City Council and approval by the Mayor. ADOPTED by the Common Council of the city of Springfield this 7th day of April, 1997, by a vote of 5 for and 0 against. APPROVED by the Mayor of the City of Springfield this 7th day of April, 1997. ~id~~ Mayor ATTEST: ~~ ~Citn Recorder . REVIEWED. .'ROVED A ~ .