ORDINANCE CALENDAR NO. 2763     ORDINANCE COUNCIL SERIES NO. 04-     

COUNCIL SPONSOR MR. GOULD     PROVIDED BY COUNCIL OFFICE

INTRODUCED BY MR. GOULD     SECONDED BY MR. STEFANCIK

ON THE 15TH DAY OF JANUARY 2004

        ORDINANCE TO AMEND ORDINANCE C.S. NO. 03-0806 TO INCORPORATE AN ADDITIONAL CONDITION AGREED UPON WHEN APPROVING REZONING OF A PARCEL OF LAND ON THE SOUTH SIDE OF HARRISON AVENUE, WEST OF FUCHSIA STREET, EAST OF 11TH STREET, CONTAINING 6.577 ACRES, MORE OR LESS, FROM A-2 (SUBURBAN) DISTRICT TO A PUD (PLANNED UNIT DEVELOPMENT) Ward 3, District 5 (ZC03-08-052)

    Whereas, on December 4, 2003, the Parish Council adopted Ordinance C.S. No. 03-0806 in connection with an appeal of the Zoning Commission approval of ZC 03-08-052 to reclassify 6.577 acres of land in Ward 3, District 5, from an A-2 Suburban District to a PUD Planned Unit Development; and

    Whereas, upon determination by the Parish Council to concur with the Zoning Commission approval, the developer voluntarily agreed to certain conditions; and
            
    WHEREAS, one of the agreed upon conditions was inadvertently omitted from the original ordinance and the Parish Council desires to amend the ordinance to incorporate said condition.

    THE PARISH OF ST. TAMMANY HEREBY ORDAINS to amend Ordinance C.S. No. 03_0806 to incorporate an additional condition as agreed upon when approving the rezoning of a parcel of land on the south side of Harrison Avenue, west of Fuchsia Street, east of 11th Street, containing 6.577 acres of land from an A-2 Suburban District to a PUD (Planned Unit Development) in Ward 3, District 5 (ZC03-08-052) as follows, to-wit:
    
    1. All residences shall contain a minimum 2100 square feet under beam,

    2. A fenced walkway and covered shed shall be provided for school bus children in the cul-de- sac area(s), and

    3. An Architectural Control Committee shall be created with a minimum of two (2) homeowners as members, and
    
    4. Transfer of control of the Homeowners Association to the homeowners shall occur once 51% of the parcels have been sold and developed.

    REPEAL: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

    SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such invalidity shall not affect other provisions herein which can be given effect without the invalid provision and to this end the provisions of this Ordinance are hereby declared to be severable.

    EFFECTIVE DATE: This Ordinance shall become effective fifteen (15) days after adoption.

            ORDINANCE COUNCIL SERIES NO. 04-

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    WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN THE FOLLOWING:

YEAS:    

NAYS:     

ABSTAIN:     

ABSENT:     

    THIS ORDINANCE WAS DECLARED DULY ADOPTED AT A REGULAR MEETING OF THE PARISH COUNCIL ON THE DAY OF 2004; AND BECOMES ORDINANCE COUNCIL SERIES NO. 04- .

                            __________________________________________
                            PATRICIA BRISTER, COUNCIL CHAIRMAN

ATTEST:

DIANE HUESCHEN, COUNCIL CLERK

                            
                            KEVIN DAVIS, PARISH PRESIDENT

Published Introduction: , 2004
Published Adoption: , 2004