Memo in support of Mtn for Entry of Consent Judgment FOR FILING

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Case 1:10-cv-00210-PLM Doc #135 Filed 07/26/11 Page 10 of 20 Page ID#1763Permitted and SpecialApproval UsesIf Plaintiff Prevails 8Parties’ CompromisePotential number ofresidences265 100Single-family residences Allowed AllowedDuplexes, Triplexes,QuaduplexesAllowedAllowed, except in Zone AGolf Courses Allowed A Par 3, 9-hole, Walker’s OnlyEnvironmentally-Sensitive GolfCourse allowed in Zone BDocks, Piers, Wharves,BoathousesAllowed along riverAllowed along riverMarinas Allowed A 66-slip Marina allowed only inthe Marina DistrictHorses and HorseStablesAllowedHorses and Equestrian Centerallowed only in Zone FHotel Not allowed A 25-Suite Hotel in the MarinaDistrictRestaurant/Retail Not allowed Limited Retail/Hospitality toservice residents and guests inMarina DistrictChurches, publicschools, and educationalinstitutionsPublic Utility Buildingsand Service BuildingsAllowedAllowedNot allowedNot allowedApartments Allowed Not allowedHospitals Allowed Not allowedNursing Homes Allowed Not allowed8The Permitted Uses and Special Approval Uses identified in this column are takenfrom the provisions of the Township zoning ordinance that relate to the R-3B and R-2zoning districts — §§ 40-272, 40-275, 40-332, 40-339, 40-780, and 40-1046. [Dkt. 28-Ex. 8]10
Case 1:10-cv-00210-PLM Doc #135 Filed 07/26/11 Page 11 of 20 Page ID#1764Permitted and SpecialApproval UsesMineral Extraction (e.g.,sand mining)If Plaintiff Prevails 8AllowedParties’ CompromiseNot allowedGas/Oil Wells Allowed Not allowedThe only uses in the Consent Judgment that would not be restored if Plaintiffwere to prevail are the 25-suite hotel and the limited retail/hospitality primarily toservice the residents of the housing and users of the hotel and marina. Otherwise,the Permitted Uses and Special Approval Uses set forth in the Consent Judgmentall would be available if the R-4 Amendment were invalidated and prior zoningrestored.Under the Consent Judgment, site plan review before the Planning Commissionis required for all Permitted Uses and Special Approval Uses, except certain singlefamilyresidences. Most of the Township’s usual site plan approval standards willapply to site plan applications for the Subject Property, except that the ConsentJudgment requires that the Township to give written reasons, based on competent,material, and substantial evidence on the record as a whole, for denying orconditionally approving proposed site plans.Special Approval Uses require approval of the Township Planning Commission.Special Approval Uses specified in the Consent Judgment include communitybuildings, a 9-hole golf course (walking only), and horse stables, horse arenas, andpaddocks. The provisions of the Township zoning ordinance generally applicable toapplications for Special Approval Uses will govern Special Approval Use11
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Memo in support of Mtn for Entry of Consent Judgment FOR FILING

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