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

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