1448-22 Eiland Blvd. Mixed Use FLUMA

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OR BK 10730 PG 1512 Page 8 of 10 c. Area MU shall be limited to a maximum of 80 residential units or 87,381 square feet of office/neighborhood commercial space, or a combination thereof, and a maximum height of 2 stories (or 35 feet); d. Area NC shall be limited to a maximum of 85,290 square feet of office/neighborhood commercial space and a maximum height of 2 stories (or 35 feet). e. The maximum density or square footage above is not a vested right and is subject to reduction based on, or as a result of, applicable City ordinances and resolutions, and final site development/ construction plans. 2. Allowable uses shall be as provided and depicted in Table 1 of the PUD Master Plan, subject to the following: a. By Right— By right shall mean the use is permitted by right; b. By Warrant—A warrant is a ruling that would permit a use that is not given by right within the PUD. i. A request for a warrant shall be accompanied by documentation establishing how the development proposal continues to meet the intent of the PUD. A request shall also include documentation demonstrating that the warrant: (a) Is applicable to special conditions and circumstances that exist and are peculiar to the land, structure, or building involved and which are generally applicable to other lands, structures or buildings in other similar Planned Unit Developments; (b) Will be consistent with the intent of the PUD and the overarching land development code, where applicable; (c) Will promote the same level of land use compatibility as the otherwise applicable standards; (d) Will not materially affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setback and other land use considerations; and (e) Is in the best interest of the public and promotes the general health, safety and welfare of the neighborhood to be affected by the warrant. ii. Warrants may be granted administratively by the Site Plan Review Committee. The Site Plan Review Committee is hereby authorized to administratively approve, approve with modifications or disapprove a request for a warrant pursuant to this PUD. In granting any warrant the approving body shall prescribe appropriate conditions and safeguards in conformance with the PUD. Violation of such conditions and safeguards, when made a part of the terms under which the warrant is granted, shall be deemed a violation. iii. An appeal of the determination for a warrant shall follow the procedures outlined in Part 11.17.00 of the Land Development Code. The appeal shall not subject the entire application for development approval to a public hearing unless otherwise required by these conditions, but only that portion necessary to rule on the issue under consideration. iv. Any warrant issued shall expire upon the expiration date of the site development plan/development order or Business License into which the warrant has been incorporated.