On the motion of Mr. Johnston, seconded by Mr. , the following ordinance was offered:

SUMMARY NO. 23642 ORDINANCE NO.

An ordinance approving the request submitted under Docket No. MUC-11-12 for variances to the area, landscape and buffer, sign, and parking and loading regulations of the Mixed Use Corridor District (MUCD) for Hampton Inn located at 1651 Fifth Street, Harvey, Louisiana on Lots 13 through 38 (proposed Lot 25A), Square 29, South New Orleans Subdivision, Jefferson Parish, Louisiana, in the area bounded by York Avenue, Staten Avenue, and Gretna Boulevard, and title restricting the usage of Lots 13 through 38 (proposed Lot 25A), Square 29, South New Orleans Subdivision in favor of the Parish of Jefferson and pursuant to the requirements of Chapter 40, Zoning of the Jefferson Parish Code of Ordinances. (Council District 2)

WHEREAS, Harvey Hotel Investments, LLC is the owner of lots 13, 14, 15, 36, 37, and 38, Square 29, South New Orleans Subdivision, Jefferson Parish, Louisiana, which they acquired by Act of Cash Sale of Property before Ellen Mullins, Notary Public, dated June 21, 2011, registered in COB No. 3280, Folio No. 728, Parish of Jefferson; and Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31, Square 29, South New Orleans Subdivision, Jefferson Parish, Louisiana, which they acquired by Act of Cash Sale Property before Joel Waltzer, Notary Public, dated July 13, 2011, registered in COB No. 3282, Folio No. 454, Parish of Jefferson; and Lots 16, 17, 18, 19, 32, 33, 34, and 35, Square 29, South New Orleans Subdivision, Jefferson Parish, Louisiana, which they acquired by Act of Cash Sale of Property before Ellen Mullins, Notary Public, dated June 21, 2011, registered in COB No. 3280, Folio No. 727, Parish of Jefferson; and

WHEREAS, Harvey Hotel Investments, LLC has petitioned to develop said lots in accordance with the development drawings identified as sheets A1.00, A1.01, A1.01A, A1.06, A1.06A, and A2.00, prepared by Louis Kong on 11-25-11, and Sheet L-1 prepared by Louis Kong on 11-20-12; and

WHEREAS, Harvey Hotel Investments, LLC has agreed to title restrict the usage of Lots 13 through 38 (proposed Lot 25A), Square 29, South New Orleans Subdivision solely for the purposes set forth in the site plan drawings referenced above in favor of the Parish of Jefferson; and

WHEREAS, said property is designated on the Official Zoning Map of Jefferson Parish as being located in the Mixed Use Corridor District, pursuant to the requirements of Article XXV of Chapter 40, Zoning of the Jefferson Parish Code of Ordinances, and which said map forms part of said chapter; and

WHEREAS, the Planning Director of the Parish of Jefferson has caused to be duly advertised, as prescribed by law, a public hearing in connection with the development of said property; and

WHEREAS, a public hearing was held by the Planning Advisory Board in accordance with law.

NOW, THEREFORE, THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:

SECTION I.That the request submitted under Docket No. MUC-11-12 for variances to the area, landscape and buffer, sign, and parking and loading regulationsof the Mixed Use Corridor District (MUCD) for Hampton Inn and Suites located at 1651 Fifth Street, Harvey, Louisiana on Lots 13 through 38 (proposed Lot 25A), Square 29, South New Orleans Subdivision, Jefferson Parish, Louisiana, in the area generally bounded by York Avenue, Staten Avenue, and Gretna Boulevard, in accordance with the development drawings identified as sheets A1.00, A1.01, A1.01A, A1.06, A1.06A, and A2.00, prepared by Louis Kong on 11-25-11, and Sheet L-1 prepared by Louis Kong on 11-20-12 is hereby approved and accepted.

SECTION II. That the usage of said Lots 13 through 38 (Proposed Lot 25A), Square 29, South New Orleans Subdivision, Jefferson Parish, Louisiana, is title restricted solely for the purposes as set forth in site plan drawings referenced above in favor of the Parish of Jefferson, and pursuant to the requirements of Chapter 40, Zoning of the Jefferson Parish Code of Ordinances.

SECTION III. That the Parish of Jefferson has not examined or reviewed the title of any portion of land shown, or any restrictive covenants or restrictions placed on said property, and that the action of the Parish in this matter does not imply (1) that the applicant’s or owner’s title or ownership is valid, (2) that there are or are not any restrictive covenants or other restrictions on said property, or (3) that any restrictive covenants or restrictions that may be on said property are enforceable or are not enforceable.

SECTION IV.That the Chairman of the Parish Council of Jefferson Parish, or in his absence the Vice Chairman, is hereby authorized, empowered and directed to sign all documents and acts necessary and proper in the premises to give full force and effect to this ordinance.

The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:

YEAS: NAYS: ABSENT:

The ordinance was declared adopted on the 12th day of December 2012, and shall become effective as follows, if signed forthwith by the Parish President, ten (10) days after adoption; thereafter, upon the signature by the Parish President, or, if not signed by the Parish President, upon expiration of the time for ordinances to be considered finally adopted without the signature of the Parish President, as provided in Section 2.07b of the Charter. If vetoed by the Parish President and subsequently approved by the Council, this ordinance shall become effective on the day of such approval