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

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

SUMMARY NO. 23345 ORDINANCE NO. 24113

An ordinance approving the request submitted under Docket No.CPZ-19-11for the use of public right of way to satisfy a portion of the front yard buffer, with variance to the front yard buffer regulations, and the parking regulations of the Commercial Parkway Overlay Zone (CPZ) for Dollar General, located at 1901 Airline Drive on Lot 1-A and part of Lots 7-12, Lots 89 and 90, proposed as Lot DG-1, Square 56, Eastbank Subdivision, Jefferson Parish, Louisiana; bounded by Versailles Street, North Elm Street and North Dilton Street, in accordance with the development drawing identified as Sheets C1 and A1, prepared by Mark Lalande on June 28, 2011, and a survey prepared by Gilbert, Kelly & Couturie’, Inc. on June 30, 2011; title restricting the usage of Lot 1-A and part of Lots 7-12, Lots 89 and 90, proposed as Lot DG-1, Square 56, EastbankSubdivision in favor of the Parish of Jefferson solely for the purposes set forth in the drawings 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 District 3)

WHEREAS, Stephen H. Alison,is the owner of part of Lots 7-12, Lots 89 and 90, Square 56, EastbankSubdivision, Jefferson Parish, Louisiana, which was acquired by Act before W.W. Young III, Notary Public, on August 26, 1993, and is registered in COB 2879, Folio 443, Parish of Jefferson;

WHEREAS, MitraSadrarhami and KamalNamazizadehare the owners of Lot 1-A, Square 56, EastbankSubdivision, Jefferson Parish, Louisiana, which was acquired by Act beforeChandel N. Gauthreaux, Notary Public, on March 23, 2004 and is registered in COB 3119, Folio 553, Parish of Jefferson;

WHEREAS, Stephen H. Alison, MitraSadrarhami and KamalNamazizadehhave petitioned to develop said lots in accordance with the development drawings identified as Sheets C1 and A1, prepared by Mark Lalande on June 28, 2011, and a survey prepared by Gilbert, Kelly & Couturie’, Inc. on June 30, 2011;

WHEREAS, Stephen H. Alison, MitraSadrarhami and KamalNamazizadehhave agreed to title restrict the usage of Lot 1-A and part of Lots 7-12, Lots 89 and 90, proposed as Lot DG-1, Square 56,EastbankSubdivision 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-19-11 for the use of public right of way and a variances to the parking and landscape and buffer regulations of the Commercial Parkway Overlay Zone (CPZ) located at 1901 Airline Drive on Lot 1-A and part of Lots 7-12, Lots 89 and 90, proposed as Lot DG-1, Square 56, Eastbank Subdivision, Jefferson Parish, Louisiana; bounded by Versailles Street, North Elm Street and North Dilton Street,in accordance with the development drawings identified asSheets C1 and A1, prepared by Mark Lalande on June 28, 2011, and a survey prepared by Gilbert, Kelly & Couturie’, Inc. on June 30, 2011;is hereby approved and accepted;

SECTION II.That the usage of said Lot 1-A and part of Lots 7-12, Lots 89 and 90, proposed as Lot DG-1, Square 56, Eastbank 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: 7 NAYS: None ABSENT: None

The ordinance was declared adopted on the 21stday of September, 2011, 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.