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IOKEPA: IÓm sorry, aye. <br />HOUSEL: Okay. <br />DARROW: The motion does not pass, three to three. Thank you. <br />LIM: Mr. Chairman, may I make a request on behalf of the applicant? It doesnÓt appear that you <br />are going to be able to go one way, either which way. We would prefer that the Commission take <br />unfavorable recommendation and send us up to the Council with that on both, if thatÓs what the <br />outcome is going to be. So I request that. <br />LEITHEAD TODD: Jeff, can you check our rules? I think the failure to have a motion either way <br />means that it goes up with unfavorable. <br />DARROW: Sure. We are checking it at this time on the State Land <br />LEITHEAD TODD: Can we take a five-minute break while we check our rules? <br />HOUSEL: Sure. LetÓs take a five-minute break. <br />RECESSED The Chair called a recess at 11:51 a.m. <br />RECONVENED The meeting reconvened at 12:00 p.m. <br />HOUSEL: LetÓs come back and reconvene our Planning Commission meng today. There was <br />not a majority on the vote for the Land Use boundary amendment. We should try to make a <br />determination on the change of zone application. So would someone like to make a motion for <br />that? <br />GIFFIN: I understand, Mr. Chairman, that we do have to vote, but I just want to know, since the <br />State Land Use boundary amendment was not passed, what effect does that have on the change of <br />zone? <br />HOUSEL: Well, corporation counsel? <br />GONZALEZ: As the Director stated clearly, you canÓt have a change of zone without the Land Use <br />boundary amendment, but we still have to take a vote on it because our code requires us to send a <br />recommendation, if we can. So the way I look at it is itÓs part of the discussion and part of the basis <br />for your reasoning on how you vote on this case, on the change of zone, if itÓs been precluded or not <br />because of your previous vote, if thatÓs a fact that weighs on y <br />another you are, for both instances, you are voting on the type of recommendation you are sending <br />to the Council because the Council is going to be the final determining authority on this. <br />HOUSEL: Corporation Counsel, Brandon, is it permissible to, as we have to do the vote on the <br />rezone application, for the Commissioners to reconsider the application for the State Land Use <br />boundary after the vote on the rezoning? <br />GONZALEZ: I donÓt fully understand your question, Mr. Chair. <br />19 <br />EXHIBIT A <br /> <br />