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Regular City Council Meeting Monday, February 26,2018 Page 8 and that is where the staff's analysis is incorrect. He argued that staff is talking about who is this use is affiliated with. The building is affiliated with the University of North- western, but if it were affiliated with some other entity like Dow Chemical, would it change the use? No. Mr. Jorissen continued that there is nothing in the PUD agreement that would prohibit the use of this property for that purpose. The only reasonable interpretation is that it is per- mitted. He continued on that secondly, even if one concluded that the plain words of the PUD agreement disallows for laboratory uses, the University thinks this is permitted un- der the language of the PUD agreement because more than 50 percent is being used for office space. He noted that 45 percent of the building in phased construction would be for classrooms and labs, but 55 percent is reserved for office space. He pointed out the language of the PUD agreement, a paragraph in Paragraph 7 Section 2, which defines of- fice uses: In the PUD, the intent is to maintain at least 50% of each build- ing as office uses, except for the hotel and restaurant buildings Permitted "office uses"shall be defined as listed in Exhibit E-2. The uses shall be restricted to those specified in the site plans and supporting documents including office, ofrce/showroom, of- fice/manufacturing, 2 hotels and I restaurant within the Centre Pointe Business Park Plan. If either of the hotels or restaurant are not built, the lots/sites designated for those uses on the ap- proved land use/site plans shall be used for office, of- fice/showroom, or office manufacturing uses as per Exhibit E-2. Accessory structures or exterior trash collection areas shall be prohibited Where not superseded by more restrictive require- ments of the PUD, the standards of the B-4 zoning district and the City Zoning Code shall apply. Mr. Jorissen continued that the University reads that section to define permitted office uses, and each of those uses under the language of this agreement is a permitted office use. The agreement says it is the intent to maintain at least 50 percent of each building as office uses. The University is proposing to use 55 percent of the building as generic of- fice space. The other 45 percent of the building would be deployed for educational pur- poses and laboratory space. Mr. Jorissen continued by noting that the staff report references other ordinances. The definition of laboratory in the existing ordinance supports the University's interpretation of the PUD. It includes educational purposes. The staffs argument is to only look at the language of the PUD, and the University believes it indicates it is entitled to use the building for this purpose. If reasonable people can disagree on whether that language au- thorizes us to use the building for this purpose, then the way it should be interpreted the PUD is against a narrow interpretation and in favor of the interpretation that supports the broadest possible use by the property owner.