On the Motion of Mr. Lee, Seconded by Mr. Capella, the Following Ordinance Was Offered

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

SUMMARY NO. 22829 ORDINANCE NO.

Anordinanceapproving the request submitted under Docket No. CPZ-18-09 fora request to use public right of way to satisfy the front landscape and buffer requirement and variances to the parking regulations and landscape and buffer requirements of the Commercial Parkway Overlay Zone (CPZ) for the Hebert Building, located at 1804 Barataria Blvd., on Lot 3CC, Square B-16, Giaise Subdivision, Jefferson Parish, LA; bounded by Richland Dr. and Giaise St.; in accordance with the development drawings identified as Sheets A-1 and A-2, prepared byHPB, Corp., on2-23-09, and a survey prepared by Gilbert, Kelly & Couturie’ on10-9-07; title restricting the usage of Lot 3CC, Square B-16, GiaiseSubdivision in favor of the Parish of Jefferson solely for the purposes set forth inthedrawings referenced above, and pursuant to the requirements of Chapter 40, Zoning of the Jefferson Parish Code of Ordinances; and authorizing, empowering and directing the Planning Director of Jefferson Parish to alter and amend the Official Zoning Map of Jefferson Parish. (Council District3)

WHEREAS, BMH Holdings Corp. is the owner of Lot 3CC, Sq. B-16, Giaise Subdivision, Jefferson Parish, Louisiana, which was acquired by Act before Richard D. Tiemann, Jr., Notary Public, on 10-31-01, and is registered in COB 3063, Folio 784, Parish of Jefferson;

WHEREAS, BMH Holdings Corp. has petitioned to develop said lot in accordance with the development drawings identified as Sheets A-1 and A-2 prepared by HPB, Inc., on 2-23-09, and a survey prepared by Gilbert, Kelly & Couturie’, Inc. on 10-9-07;

WHEREAS, BMH Holdings Corp. has agreed to title restrict the usage of Lot 3CC, Sq. B-16, Giaise Subdivision solely for the purposes set forth in the site plan drawings referenced above in favor of the Parish of Jefferson:

WHEREAS, said property is designated on the Official Zoning Map of Jefferson Parish as being located in the Commercial Parkway Overlay Zone, pursuant to the requirements of Article XXVI of Chapter 40, Zoning of the Jefferson Parish Code of Ordinances, and which said map forms part said chapter;

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. CPZ-18-09 fora request to use public right of way to satisfy the front landscape and buffer requirement and variances to the parking regulations and landscape and buffer requirements of the Commercial Parkway Overlay Zone (CPZ) for the Hebert Building, located at 1804 Barataria Blvd., on Lot 3CC, Square B-16, Giaise Subdivision, Jefferson Parish, LA; bounded by Richland Dr. and Giaise St.; in accordance with the development drawings identified as Sheets A-1 and A-2, prepared by HPB, Corp., on 2-23-09, and a survey prepared by Gilbert, Kelly & Couturie’ on 10-9-07; is hereby approved and accepted.

SECTION II.That the usage of said Lot 3CC, Square B-16, Giaise 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 Planning Director of Jefferson Parish is hereby authorized, empowered and directed to alter and amend the Official Zoning Map of Jefferson Parish, and;

SECTION V.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 2ndday of September, 2009, 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.