On motion of Impastato, seconded by Ms. Lee-Sheng, following ordinance was offered: SUMMARY NO. 25045 ORDINANCE NO. 25672 An ordinance submitted under Docket No. PS-48-18-PF approving the Preliminary and Final Plat of subdivision of Tract H and Leidenheimer Property, Elmwood-Lafreniere Plantation Subdivision into Lots M-1, M-2, M-3, M-4, M-5, M6, M-7, M-8, M-9, M-10, M-11, M-12, M-13, M-14, M-15, M16, M-17, a 6-foot alley (private sidewalk), and Khan Court (private street), Cleveland Estates “On the Lake” Subdivision, Jefferson Parish, Louisiana and the dedication of a 10-foot water servitude, 12-foot sidewalk and utility servitude, and servitude of passage in favor of Jefferson Parish, which lots are owned by Khan Metairie Development, LLC, and approving and accepting the Final Plat of said subdivision. (Council District 4) WHEREAS, Khan Metairie Development, LLC is the owner of Lots Tract H and Leidenheimer Property, Elmwood-Lafreneire Plantation Subdivision, Jefferson Parish, LA, which were acquired by Act before Stephen J. Broussard, Notary Public, dated February 15, 2018 registered in COB 3401, Folio 494, Parish of Jefferson; and WHEREAS, said owner desires to subdivide said Lots into Lots to be designated as Lots M-1, M-2, M-3, M-4, M-5, M-6, M-7, M-8, M-9, M-10, M-11, M-12, M-13, M-14, M-15, M-16, M-17, a 6-foot alley (private sidewalk), and Khan Court (private street), Cleveland Estates “On the Lake” Subdivision, Jefferson Parish; and WHEREAS, the Articles of Incorporation for the Homeowners’ Association has been provided by the applicant, in accordance with Sec. 33-7.5(6) and has been approved by the Parish Attorney’s Office; and  WHEREAS, the Department of Public Works has determined that the proposed Lots do not have access to adequate public facilities as required in Sec. 33-7, and, as a result, the property owner is willing to execute a Development Agreement to provide for the installation of the private street, water distribution system, sanitary sewer system, drainage, street lighting and other public improvements, in accordance with Sec. 33-2.32.5.A., Guarantees required and Division 4. Development Agreements of Chapter 33, Unified Development Code, and WHEREAS, said Development Agreement shall include the components of applicability, condition, guarantee of completion, performance security, covenants to run with the land, accrual and escrow agent, as well as any other requirements imposed by the Department of Public Works; and WHEREAS, said Development Agreement shall be incorporated with this ordinance and shall be recorded in the Office of the Jefferson Parish Clerk of Court; and WHEREAS, no other public improvements are required, therefore the Preliminary Plat and Final Plat may be approved and accepted in combination in accordance with Section 33-2.32.4.B.5; and WHEREAS, Lake Pontchartrain prevents access to the site from the north, and the remaining access for construction is through the established neighborhood, therefore, a Construction Management Plan (CMP) is essential to minimize negative impacts on the neighborhood, and WHEREAS, the owner has agreed to adhere to a CMP, which has been reviewed and approved by the Department of Inspection and Code Enforcement and stipulated in this ordinance and WHEREAS, the Planning Director of this Parish has caused to be duly advertised, as prescribed by law, a public hearing in connection with the subdivision of said lots under Docket No. PS-48-18-PF and WHEREAS, a public hearing was held by the Planning Advisory Board, in accordance with the law: NOW THEREFORE, THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS: SECTION I. That the Preliminary and Final Plat by Ronald Clement, P.L.S., dated August 3, 2018, submitted under Docket No. PS-48-18-PF, showing the subdivision of Tract H and Leidenheimer Property, Elmwood-Lafreniere Plantation Subdivision into Lots M-1, M-2, M-3, M-4, M-5, M-6, M-7, M-8, M-9, M10, M-11, M-12, M-13, M-14, M-15, M-16, M-17, a 6-foot alley (private sidewalk), and Khan Court (private street), Cleveland Estates “On the Lake” Subdivision, Jefferson Parish, Louisiana and the dedication of a 10-foot water servitude, 12foot and 6-foot sidewalk and utility servitude, and servitude of passage in favor of Jefferson Parish, and Sheet A1 Gate Entrance Area, prepared by Terrell Fabacher Architects, LLC, dated July 13, 2018, last revised July 30, 2018, in accordance with said plan, is hereby approved and accepted. SECTION II. That in accordance with Section 33-2.35 of the Unified Development Code (UDC), Subdivision Waivers, the insufficient lot depth of 20 feet, instead of the required lot depth of 20% of the depth of the lot, of Lots M-1, M-2, M-3, M-4, M-5, M-6, M-7, M-8, M-9, M-10, M-11, M-12, M-13, M-14, M-15, M-16, in the R-1A district, as shown on the Preliminary and Final Plat by Ronald Clement, P.L.S., dated August 3, 2018, submitted under Docket No. PS-48-18-PF is hereby waived, accepted and approved. SECTION III. That in accordance with Section 33-7.5 of the Jefferson Parish Code of Ordinances, an associate of homeowners shall be responsible for construction, maintenance, repairs, and decisions affecting the private street, facilities, and utilities of said plan SECTION IV. That the Development Agreement between the Parish and Khan Metairie, Development, LLC, relative to the installation of private street, water distribution system, sanitary sewer system, drainage, street lighting and other public improvements in favor of Lots M-1, M-2, M-3, M-4, M-5, M-6, M-7, M8, M-9, M-10, M-11, M-12, M-13, M-14, M-15, M-16, M-17, Cleveland Estates “On the Lake” Subdivision, Jefferson Parish, LA, in accordance with the requirements of the Department of Public Works, within two (2) years of date of the adoption of this ordinance, is hereby approved, and shall be recorded in the Office of the Jefferson Parish Clerk of Court. SECTION V. That if Khan Metairie Development, LLC fails to complete the installation of private street, water distribution system, sanitary sewer system, drainage, street lighting and other public improvements in favor of Lots M-1, M-2, M-3, M-4, M-5, M-6, M-7, M-8, M-9, M-10, M-11, M-12, M-13, M-14, M-15, M-16, M-17, Cleveland Estates “On the Lake” Subdivision, Jefferson Parish, LA as indicated in the engineering plans/specifications submitted to the Department of Public Works within said two (2) years, the Parish may use the guarantee stipulated in the Development Agreement to complete the improvements as required, or pursue other remedies pursuant to Sec. 33-2.42 of the Jefferson Parish Code of Ordinances. SECTION VI. The owner has agreed to the following terms of the CMP which shall remain in effect until construction is completed on all dwellings: a. All trucks shall use the most direct route to the development site, W. Esplanade Ave. to Cleveland Pl., unless directed to otherwise. b. Speed limit shall be 15 mph for heavy construction vehicles on neighborhood streets. c. General hours of operation shall be Monday through Friday, 7:00 a.m. until 5:00 p.m. and if needed Saturday from 8:00 a.m. until 3:00 p.m. No work is permitted on holidays. d. During demolition, extra effort shall be made to keep mud off streets. A construction entrance will be built. The owner shall provide sweeper with dust control and a hydrant with a water hose onsite for cleanup. e. During pile driving operations, the owner shall minimize adverse effects on surrounding property. A vibration monitoring company shall be hired to monitor vibrations. f. Erosion control fencing shall be installed around the perimeter of the petitioned property. g. A job superintendent shall be on site during critical operations. h. Neighborhood streets will not be used by construction personnel for parking and no construction equipment will be placed on neighborhood streets unless needed during construction. i. Chain-link fencing will be erected at all times to prevent students at the abutting school form accessing the construction site. j. All Federal, State and Parish Codes shall be followed during all phases of operations, including Section 33-2.32.5.H Site clean-up of the UDC. SECTION VII. 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 VIII. That the Chairperson of the Parish Council of Jefferson Parish, or in his absence the Vice Chairperson, 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. This ordinance having been submitted to a vote, the vote thereon was as follows: YEAS: 7 NAYS: None ABSENT: None th This ordinance was declared to be adopted on the 10 day of October, 2018, 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 2.07 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.