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ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and VA No. 2009-02 May 18, 2009 Page 2 with an amendment (that was acceptable to Commissioner Yrarrazaval) requiring the addition of stone to the base of the hotel. This motion failed by a vote of 3:3 (Mill, Yrarrazaval and Leo in favor; Alderete, Betancourt and Turner opposed; Gartner absent). A substitute motion was made by Commissioner Alderete and seconded by Commissioner Betancourt to continue the item to the April 27, 2009 meeting to allow the applicant time to make the changes that were raised by the Commission at this hearing as well as at the study session held on February 23, 2009. This motion also failed by a vote of 3:3 (Alderete, Betancourt and Turner in favor; Mill, Leo and Yrarrazaval opposed; Gartner absent). Following the failure of the second motion Chairman Leo declared an impasse pursuant to Planning Commission Bylaws (Resolution 01-44 Section 8e) . In cases where the Chairman declares an impasse, the proponent of the project is offered the option of either continuing the items to a later date for further consideration by the Commission or the denial of the items to allow the applicant to appeal the decision to the City Council. The Applicant has requested the items be denied by the Planning Commission to allow them to move forward to the City Council for a final decision (Exhibit A). A special meeting was held by the Airport Land Use Commission (ALUC) on April 30, 2009 regarding the proposed hotel project. At that hearing, the Commission voted unanimously to find the project consistent with the Airport Land Use Plan. FISCAL IMPACT There is no fiscal impact associated with this action. J y M. Trevino Executive Director Planning & Building Agency MF:rb mf/reports/CUP/cup09-08va09-02da05-02zoa09-04 Courtyard by Marriott.cc 75B-2