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City Council <br />Meeting Minutes <br />August 31, 2021 <br />Page 7 of 14 <br />that do not relate to the criteria cannot be taken into consideration. She reminded the <br />Council that the decision tonight must be guided by the legal requirements in the code <br />and state statute and comments should specifically address the criteria in the code. <br />Councilmember Leh noted the Council is acting in a quasi-judicial role here and has to <br />make a decision based on the evidence presented in the hearing. The Council has to <br />follow due process. <br />Mayor Pro Tern Maloney stated he thinks there is merit in the application and if the <br />Council can work through some good conditions we can make it a good fit for the <br />community. He noted the application has been shaped over time by this process and the <br />public comments. <br />Condition #1 The GDP be revised to allow a maximum of 3.0 million gross square feet of <br />building development subject to the other conditions below. <br />MOTION: Councilmember Brown moved to replace the 3M square foot limit with 1.6M <br />square feet. Mayor Stolzmann seconded. <br />Councilmember Brown stated he supports 1.6M sf as it is the foot print of the original <br />StorageTek campus on this site. He stated this provides for a sufficient sized campus and <br />preserves open space. <br />Mayor Stolzmann stated she supports this as it is what was allowed for StorageTek on <br />the property. The ConocoPhilips plan that was approved for 2.5M sf was never built and <br />the additional density never implemented so she feels between 1.6 and 2.5M sf can be <br />reasonably argued as use by right on the site. She doesn't feel there is any reason to give <br />additional entitlements when the applicant has not shown the proposed use will bring <br />economic stability to the community. <br />Councilmember Leh asked staff if this is how the use by right should be interpreted. <br />Director Zuccaro noted the ConocoPhilips GDP approved the rezoning of the property to <br />PCZD zoning and allowed up to 2.5M sf of development. GDPs do not expire so that <br />2.5M sf is the current entitlement on the property. <br />Councilmember Lipton reviewed the history of the site approvals. He noted that if the <br />Council wants to have a sustainable development on the site it will need to have density; <br />more density that when it was StorageTek, and more than what ConocoPhillips asked for. <br />There was no consensus to reduce the square footage to 1.6M sf. <br />Mayor Stolzmann asked that the condition be revised to 2.5M sf. She stated she saw no <br />need to go above what was in the previous GDP and it will only be a larger environmental <br />impact on the site. Councilmember Brown supported the 2.5M sf. There was no <br />consensus to move this forward. <br />