On the motion of ______, seconded by ______, the following ordinance was offered:

SUMMARY NO. 23260 ORDINANCE NO.

An ordinance approving the request submitted under Docket Number CPZ-9-11 for variances for a Walgreens Pharmacy with a drive-thru located at 4327 Jefferson Highway on Lots 1, 2, 3, 4, 5, 6, 9, Plot 2, and the South Half (1/2) of Plot 3, (proposed Lot 2-A), Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, in the area bounded by Jefferson Highway, Central Avenue, Ellen Street and Terrace Street, in accordance with the development drawing(s) identified as Sheet LE-1 prepared by Jared Ducote Architects on December 21, 2009, last revised May 12, 2011, and a survey prepared by Krebs, LaSalle, LeMieux Consultants, Inc. on January 1, 2011; title restricting the usage of proposed Lot 2-A, Square 2, Suburban Acres Subdivision No. 2, in favor of the Parish of Jefferson solely for the purposes set forth in the drawing 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. (District 2)

WHEREAS, Mary John Family, LLC is the owner of Lots 1, 2, 3 and 4, Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, where it acquired said property by Act dated March 24, 2010, registered in COB 3260, Folio 786, Instrument No. 11010835, Parish of Jefferson;

WHEREAS, Glenn Taylor, Jr. is the owner of Lots 5 and 6, Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, where they acquired a portion of said lots by Act dated June 13, 1981, registered in COB 1007, Folio 70, Instrument No. 975727 and the remainder interest in to lots by Act dated June 28, 1996, registered in COB 2941, Folio 336, Instrument No. 9634792, Parish of Jefferson;

WHEREAS, Glenn Taylor, Jr. and Emily Taylor are the owners of Lots 7 and 8, Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, where they acquired said property by Judgment of Possession rendered November 25, 1991 and registered in COB 2599, Folio 294, Instrument No. 9153057, Parish of Jefferson;

WHEREAS, Yolanda Hurtado O’Brien and John C. O’Brien are the owners of Lot 9, Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, where they acquired said property by Act dated December 20, 1995, registered in COB 2930, Folio 361, Instrument No. 9565454, Parish of Jefferson; WHEREAS, Norma Serrano Lively and Precia Nicole Lively are the owners of Plot 2, Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, where they first acquired a portion of the property by Act dated September 13, 1974, registered in COB 642, Folio 234, Instrument No. 654650, Parish of Jefferson, and then acquired the remaining portion by Judgment dated May 6, 1994, registered in COB 2893, Folio 795, Instrument No. 9427168, Parish of Jefferson;

WHEREAS, Joseph J. Grego is the owner of the South Half (1/2) of Plot 3, Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, where he acquired said property by Act of Donation dated September 19, 1996, registered in COB 2950, Folio 822, Instrument No. 9663000, Parish of Jefferson;

WHEREAS, Mary John Family, LLC, Glenn Taylor, Jr., Emily Taylor Yolanda Hurtado O’Brien, John C. O’Brien, Norma Serrano Lively, Precia Nicole Lively and Joseph J. Grego have petitioned to develop said lots in accordance with the development drawing(s) identified as Sheet LE-1 prepared by Jared Ducote Architects on December 21, 2009, last revised May 12, 2011 and a survey prepared by Krebs, LaSalle, LeMieux Consultants, Inc. on January 4, 2011;

WHEREAS, Mary John Family, LLC, Glenn Taylor, Jr., Emily Taylor Yolanda Hurtado O’Brien, John C. O’Brien, Norma Serrano Lively, Precia Nicole Lively and Joseph J. Grego have agreed to title restrict the usage of Lots 1, 2, 3, 4, 5, 6, 9, Plot 2, and the South Half (1/2) of Plot 3, (proposed Lot 2-A), Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, solely for the purposes set forth in the site plan drawing(s) 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;

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-9-11 for variances to a Walgreens Pharmacy with drive-thru located at 4327 Jefferson Highway on portions of Lots 1, 2, 3, 4, 5, 6, 9, Plot 2, and the South Half (1/2) of Plot 3, (proposed Lot 2-A), Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, in the area generally bounded by Jefferson Highway, Central Avenue, Ellen Street and Terrace Street, in accordance with the development drawing identified as Sheet LE-1 prepared by Jared Ducote Architects on December 21, 2009, last revised May 12, 2011 and a survey prepared by Krebs, LaSalle, LeMieux Consultants, Inc. on January 4, 2011, is hereby approved and accepted.

SECTION II.That the usage of said portions of Lots 1, 2, 3, 4, 5, 6, 9, Plot 2, and the South Half (1/2) of Plot 3, (proposed Lot 2-A), Square 2, Suburban Acres Subdivision No. 2, Jefferson Parish, Louisiana, is title restricted solely for the purposes as set forth in site plan drawing(s) 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.

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______

This ordinance was declared adopted on the day of 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.